IN THE CASE OF:  	Mr. 

      BOARD DATE:  	24 July 2013

      CASE NUMBER:  	AR20130004351
___________________________________________________________________________

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 discharge from general, under honorable conditions to honorable.

2.  He states, in effect, the discharge he received was due to testing positive for a banned substance because he was self-medicating due to combat-related stress issues.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		28 February 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			1 July 2011
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, Chapter 14 						paragraph 14-12c(2), JKK, RE-4
e. Unit of assignment:			HHC, 2-75th Ranger Regiment, Joint Base 							Lewis-McChord, WA
f. Current Enlistment Date/Term:	8 August 2007, 4 years
g. Current Enlistment Service:	3 years, 10 months, 24 days 
h. Total Service:			5 years, 2 month, 24 days
i. Lost time:				None
j. Previous Discharges:		USAR (060408-070807)/HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	36B10, Financial Management
m. GT Score:				111
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Afghanistan x 2 (091208-100324), (101022-110129)
q. Decorations/Awards:		ARCOM, NDSM, ACM-W/CS, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:		

The applicant's record shows he enlisted in the U.S. Army Reserve on 8 April 2006, for 8 years and was honorably discharged on 7 August 2007.  He enlisted in the Regular Army on             8 August 2007, for a period of 4 years.  He was 18 years old at the time of entry and a HS Graduate.  He was trained in and awarded military occupational specialty (MOS) 36B10, Financial Management.  His record also shows he served two combat tours and earned an ARCOM.  He was serving at Joint Base Lewis-McChord, WA, when his discharge was initiated.  He achieved the rank of SPC/E-4.  



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates on 20 June 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c AR 635-200, by reason of misconduct-abuse of illegal drugs for possessing heroin while being treated at Madigan Army community Hospital (110611).

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.

3.  On 20 June 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board (although the applicant was not entitled to a board) and did not submit a statement on his behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.

4.  On 20 June 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

5.  The applicant’s record of service does not contain any documented evidence of unauthorized absences, lost time or actions under the Uniform Code of Military Justice (UCMJ).

6.  The applicant was discharged from the Army on 1 July 2011, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), a Separation Program Designator code (SPD) of JKK and an RE code of 4. 

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  He received two negative counseling statements dated 13 June 2011 and 16 June 2011 for possessing a controlled substance and staff duty reporting procedures.

2.  A sworn statement dated 20 June 2011, which the applicant admitted to using heroin.

EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant provided a DD Form 293; Letter, Richland County Veterans Service Commission; Department of Veterans Affairs (VA), Rating Decision, three pages; a DD Form 214; and Discharge Orders 173-0012 and amended Orders 178-0032. 

POST-SERVICE ACTIVITY: 

The applicant did not provide any 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 his military records, the issues and documents 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 possessing/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 two negative counseling statements and a urinalysis report.

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance.  
4.  The applicant contends the discharge he received was due to testing positive for a banned substance because of he was self-medicating due to combat-related stress issues.  However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review.  

5.  Furthermore, the VA rating decision is acknowledged for several service connected medical conditions which indicated the applicant was granted a 50% disabled rating.  However, in review of the applicant’s entire service record and the reason for the discharge, these medical conditions did not overcome the reason for discharge and characterization of service granted.

6.  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:  24 July 2013        Location:  Washington, DC

Did the Applicant Testify:  No

Counsel:  Yes (redacted)

Witnesses/Observers:  No

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)		AR20130004351



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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