IN THE CASE OF:  	Mr. 

      BOARD DATE:  	9 August 2013

      CASE NUMBER:  	AR20130003968
___________________________________________________________________________

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 that his general, under honorable conditions discharge be upgraded to honorable.

2.  The applicant states, in effect, that an upgrade of his discharge would allow him to use his GI Bill benefits.  He contends the stress of a serious illness of his parents and a mental condition resulted in his self medicating.  He also contends he served over three years with an exemplary service record with no issues of misconduct.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		25 February 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			24 May 2012
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, Chapter 						14, paragraph 14-12c, JKQ, RE-3
e. Unit of assignment:			HHC, 94th EN Bn, 4th MEB, Fort Leonard Wood, MO
f. Current Enlistment Date/Term:	19 February 2009, 4 years
g. Current Enlistment Service:	3 years, 3 months, 6 days
h. Total Service:			3 years, 3 months, 6 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	12T10, Technical Engineer
m. GT Score:				115
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		AGCM, NDSM, GWOTSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		None
u. Prior Board Review:			No
SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 19 February 2009, for a period of 4 years.  He was 25 years old at the time of entry and a high school graduate.  He was serving at Fort Leonard Wood, MO when his discharge was initiated.  The record indicates he earned an AGCM and achieved the rank of E-4.  He completed 3 years, 3 months, and 6 days of a four year enlistment.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record is void of the complete facts and circumstances concerning the events which led to the discharge from the Army to include the unit commander's notification memorandum and his recommendation memorandum.  However, the record does contain the applicant's election of rights memorandum; which indicates that on 3 May 2012, the applicant was advised by his consulting counsel of the basis for the contemplated action to separate him under the provisions of Chapter 14, paragraph 14-12c, AR 635-200.  He was advised of the impact of the discharge action and indicated his intentions to submit a statement on his own behalf, which was not found in the available record.  

2.  The intermediate commander reviewed the proposed action and recommended approval of a Chapter 14-12c discharge, with a characterization of service of general, under honorable conditions.  He indicated in his recommendation for separation that the applicant wrongfully used marijuana on 18 February 2012.  In addition, as a result of a traffic accident on 19 March 2012, the applicant admitted to smoking marijuana which he was suspected of taking for at least a year, but could never be proven.  The applicant agreed that his lifestyle and the Army values were in conflict, and he should part ways.

3.  On 11 May 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

4.  The applicant was discharged from the Army on 24 May 2012, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), a Separation Program Designator code (SPD) of JKQ and an RE code of 3. 

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There are no negative counseling's or actions under the Uniform Code of Military Justice in the available record.  However, the record does indicate the applicant held the rank of E-4 and was discharge at the rank of E-1.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant submitted a DD Form 293, six letters of support, and a copy of his DD Form 214 for the period of service under review.

POST-SERVICE ACTIVITY: 

None were provided with the application.


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 available service record, the documents, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The service 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.  By the serious misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge.  

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 had three years of exemplary service prior to his incident of misconduct.  However, by regulation, a UOTHC discharge is normally appropriate for a member separated by reason of misconduct.  It appears the applicant’s generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge.  
5.  The applicant contends his misconduct was a result of a serious illness with his parents and a mental condition.  Barring evidence to the contrary, the applicant had many legitimate avenues through which to obtain assistance before committing the misconduct which led to the separation action under review.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  

6.  The applicant desires an upgrade of his discharge to be able to use his education benefits.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

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?  NA 

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)		AR20130003968



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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