IN THE CASE OF:  Mr. 

      BOARD DATE:  	9 August 2013

      CASE NUMBER:  	AR20130003816
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.




      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. 

2.  The applicant states, in effect, that when he first joined the military he was overly anxious about beginning a future career and being able to service his country just as his father, brother and grandfathers had.  He learned so much about his country and is grateful for what he learned.  However, after departing from the Army he realized that his life would never be the same.  During his time in the military he was challenged in ways he had never been challenged before and he witnessed things that will live with him forever.  After serving his country and departing the military he thought he would be able to find a career in the civilian world but that was not reality.  After settling into the civilian world, all of his friends and family witnessed a change in him that he did not recognize until now.  He has a wife and four children and he finds himself withdrawn from family and friends.  He tends to stare off in a daze randomly throughout the day.  He has minimal patience when it comes to the smallest situations and he is on constant alert for what may or could happen.  Most nights he wakes up in a cold sweat screaming or shouting out various phrases in his sleep.  Even though he has pride in the military and he respects the military he feels as though his time in the military made things more challenging for him upon departing.  He feels that by having his discharge upgraded to an honorable discharge will allow more opportunities in the hope of helping him cope with civilian life.  He knows that by upgrading his discharge he will be able to help his wife and children in many ways.  He doesn’t want to give up on his life and his future.  A change will help him become a productive member of his family, a better role model for his children, and a better citizen in his community. 

 DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		21 February 2013		
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			7 August 2008	
d. Reason/Authority/SPD/RE Code:	Misconduct (Drug Abuse), AR 635-200,            								Chapter 14-12c(2), RE-4, JKK
e. Unit of assignment:			E Company, 307th Brigade Support Battalion,         						1st Brigade Combat Team, Fort Bragg, NC		
f. Current Enlistment Date/Term:	16 May 2006, 3 years, 18 weeks
g. Current Enlistment Service:	2 years, 2 months, 22 days
h. Total Service:			2 years, 2 months, 22 days	
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3	
l. Military Occupational Specialty:	88M10, Motor Transport Operator
m. GT Score:				96
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (dates are NIF)
q. Decorations/Awards:		NDSM, GWOTSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 16 May 2006, for a period of 3 years and 18 weeks.  He was 24 years old at the time of entry, a high school graduate, served in Iraq, and completed 2 years, 2 months, and 22 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 25 July 2008, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14, paragraph 14-12c, Commission of a Serious Offense, specifically for, testing positive for marijuana on (080506).

2.  Based on the above misconduct, the commander recommended a general, under honorable conditions discharge.

3.  The applicant’s record indicates he was advised of his right to consult with legal counsel; however, his election of rights is unsigned.  The applicant was told about the impact of the discharge action and indicated he would submit a statement on his behalf (NIF).  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  

4.  On 31 July 2008, the separation authority approved and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 7 August 2008, under Army Regulation 635-200, Chapter 14-12c(2), with a general, under honorable conditions discharge, an SPD code of JKK, and an RE code of 4.               

6.  The applicant’s record does not contain any evidence of unauthorized absences or time lost.  







EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.   There are 2 positive urinalysis reports contained in the record:

 	IU, Inspection Unit, 6 May 2008, marijuana
	IU, Inspection Unit, 14 July 2008, marijuana

2.  Article 15, dated, 16 August 2007, disrespectful in language toward a noncommissioned officer (070811).  The punishment consisted of reduction to E-2, forfeiture of $463 pay for one month, an extra duty for 14 days (CG).

3.  Article 15, dated, 2 March 2008, disrespectful in deportment toward a superior noncommissioned officer on (080224), disrespectful in language toward a noncommissioned officer on (080224), wrongfully used provoking gestures towards SGT C on (080224).  The punishment consisted of reduction to E-1, forfeiture of $670 pay for two months (suspended), (080501), and extra duty for 45 days, (FG). 

4.  Article 15 dated 4 June 2008, wrongfully used marijuana (080423-080506).  The punishment consisted of forfeiture of $670 per month for two months, and 45 days of extra duty (FG). 

5.  Article 15 dated 28 July 2008, wrongfully used marijuana (080701-080714), without authority, failed to go at the time prescribed to his appointed place of duty on (080727).  The punishment consisted of 14 days of restriction (CG).
      
6.  Four negative counseling statements dated between 24 February 2008 and 28 July 2008, for testing positive for drugs during the 100% UA conducted on 14 July 2008, failing to report to extra duty on 27 July 2008, showing blatant disrespect to NCO’s, disrespect (multiple).
      
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 with a self-authored statement, and a DD Form 214.

POST-SERVICE ACTIVITY: 

None were provided by applicant.

REGULATORY AUTHORITY:

1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted.   

2.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.  Whenever there is doubt, it is to be resolved in favor of the individual.

3.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The record confirms the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  It brought discredit on the Army, and was prejudicial to good order and discipline.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier.  The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies.  By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge.  The applicant’s record of service was marred by 4 Articles 15 for multiple violations of the Uniform Code of Military Justice and 4 negative counseling statements.

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  

4.  The applicant contends he witnessed and experienced things in the military that changed him and he is hyper vigilant, withdrawn, and has sleep problems.  However, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  

5.  The applicant contends that an upgrade of his discharge will allow him to obtain better employment.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

6.  The records show the proper discharge and separation authority procedures were followed in this case.  

7.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief.  

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review		Date:  9 August 2013      Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Witnesses/Observers: NA 

Board Vote:
Character Change:  0	No Change:  5
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	No Change
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					NA









Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130003816



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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