IN THE CASE OF:  	Mr. 

      BOARD DATE:  	23 August 2013

      CASE NUMBER:  	AR20130004364
___________________________________________________________________________

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 he served honorably and without incident for 3 years to include two periods of service in Afghanistan and receiving several awards.  He contends his single incident of misconduct was the result of his attempt to deal with family issues.  He is now going to church, looking for a better job and keeping his nose clean.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		26 February 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			22 February 2012
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, Chapter 14, 						paragraph 14-12c(2), JKK, RE-4
e. Unit of assignment:			C Co, 506th IN Rgt, 4th BCT, 101st ABN DIV 							(AASLT), Fort Campbell, KY
f. Current Enlistment Date/Term:	23 April 2006, 3 years and 19 weeks (extension of 						service was at the request and for the convenience of 						the government)
g. Current Enlistment Service:	3 years, 10 months, 0 days
h. Total Service:			3 years, 10 months, 0 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	11B10, Infantryman
m. GT Score:				98
n. Education:				GED
o. Overseas Service:			Southwest Asia, Alaska
p. Combat Service:			Afghanistan (090307-100306 and 110416-110811)
q. Decorations/Awards:		ARCOM, AAM, AGCM, ACM-w/3CS, NDSM, 							GWOTSM, ASR, OSR-2, NATOMDL, CIB 
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 23 April 2006, for a period of 3 years and         19 weeks.  He was 19 years old at the time of entry and had a high school equivalency (GED).  He served in Alaska and two periods of service in Afghanistan.  He earned an ARCOM, AAM, and AGCM and completed 3 years and 10 months of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 17 January 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct abuse of illegal drugs for testing positive for the wrongful use of marijuana (111005).

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 19 January 2012, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action and did not submit a statement on his own behalf.  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 1 February 2012, 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 was discharged from the Army on 22 February 2012, 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), with a Separation Program Designator code (SPD) of JKK and an RE code of 4. 

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There is a positive urinalysis report contained in the record coded; IU (Inspection Unit),       5 October 2011, THC/marijuana.

2.  Article 15, dated 28 November 2011, for the wrongful use of marijuana between (110905 and 111005).  The punishment consisted of reduction to the grade of E-1, forfeiture of $733.00 per month for two months, extra duty for 45 days, and restriction for 45 days (FG). 

3.  Negative counseling statement, dated 1 November 2011, for testing positive on a urinalysis.

4.  Report of Mental Status Evaluation, dated 29 November 2011, indicating the applicant had been screened for PTSD and m TBI IAW OTSG/MEDCOM policy Memo 10-040 and that the results were negative.  The applicant was psychiatrically cleared for Chapter 14-12c consideration per his command.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, copy of his Department of Veterans Affairs disability rating decision letters, dated 18 October 2012 and 11 January 2013, copy of his enlisted record brief, dated 22 February 2012, installation clearance documents, and a copy of his chronological record of medical care, dated 29 November 2011.

POST-SERVICE ACTIVITY: 

None provided by the 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, 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 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 an Article 15 for violation of the Uniform Code of Military Justice.

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 served honorably for 3 years to include two deployments to Afghanistan and was awarded several awards for his service.  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 that his misconduct was the result of his attempt to deal with family issues and it was a single incident.  Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  

6.  Furthermore, the record of evidence does not demonstrate that he sought assistance from his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  

7.  The applicant also contends that he has been going to church, looking for a better job and keeping his nose clean.  However, in review of the applicant’s entire service record and the reasons for the discharge, these accomplishments do not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
8.  The independent documents submitted by the applicant were noted; however, the applicant's service record contains no evidence of PTSD or TBI diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  The Report of Mental Status Evaluation in the applicant's record, dated     29 November 2011 shows the applicant was screened for PTSD and TBI with negative results.

9.  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:  23 August 2013        Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: yes [ redacted ]

Witnesses/Observers: NA 

Board Vote:
Character Change:  2	No Change:  3
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)		AR20130004364



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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