IN THE CASE OF:  	Mr. 

      BOARD DATE:  	2 August 2013

      CASE NUMBER:  	AR20130004770
___________________________________________________________________________

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.  The applicant states, in effect, he used drugs after returning from deployment to Iraq to escape his PTSD, a condition which was triggered by honorable service in Iraq, where he also injured his knee.  He returned home broken, lost his rank, and received an under honorable discharge.  He feels this was an injustice.  It has taken him a long time to fully understand his condition and how it affects him only through counseling, and help from the VA.  He injured his knee during deployment and had surgery after returning home.  He has been awarded disability for his knee, as well as his PTSD after a review by the VA.  He would like to have his previous rank of E-4 re-instated, as well as have his discharge upgraded to honorable because that's how he served.
 
DISCHARGE UNDER REVIEW INFORMATION:

Application Receipt Date:		7 March 2013
Discharge Received:		General, Under Honorable Conditions
Date of Discharge:			11 March 2005 
Reason/Authority/SPD/RE:		Misconduct, AR 635-200, 14-12c(2), 						                                 JKK, RE-4        
Unit of assignment:			D Btry, 3rd Bn, 4th ADA Reg, Fort Bragg, NC
Current Enlistment Date/Term:	28 August 2002/ 4 years 
Current Enlistment Service:	2 years, 6 months, 14 days
Total Service:			2 years, 6 months, 14 days
Time Lost:				None
Previous Discharges:		None
Highest Grade Achieved:		E-4	
Military Occupational Specialty:	25U1P, System Support Specialist
GT Score:				111
Education:				GED
Overseas Service:			SWA
Combat Service:			Iraq (030902-040405)
Decorations/Awards:		ARCOM, NDSM, GWOTEM, GWOTSM, ASR 
Administrative Separation Board: 	No
Performance Ratings:		None
Counseling Statements:		None	
Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 28 August 2002 for a period of 4 years.  He was 17 years old at the time of entry and had a high school equivalency (GED).  He served in Fort Bragg, NC, and Iraq.  He earned an ARCOM, NDSM, GWOTEM, and GWOTSM.  He completed 2 years, 6 months, and 14 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 17 June 2004, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, chapter 14-12c, commission of a serious offense, specifically for wrongfully using cocaine between 9 June 2004 and 10 June 2004.

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 8 February 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  

4.  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 separated on 11 March 2005, for misconduct, (commission of a serious offense), under the provisions of AR 635-200, Chapter 14-12c (2), with 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 is one positive urinalysis report contained in the record:

 	IU, Inspection Unit, 2June 2004, cocaine

2.  Article 15, dated 16 June 2004, wrongful use of Cocaine (040502-040602).  The punishment consisted of reduction to E-2, forfeiture of $669.00 per month for two months, 45 days of extra duty and restriction (FG).

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 4 March 2013; a copy of a DD Form 214; and a copy of discharge orders, dated 3 February 2005.

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 service record 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 that 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 service below that meriting an 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 his use of drugs was his way to escape his PTSD condition after his return from service in Iraq.  However, the service record contains no evidence of PTSD 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 the Veterans Administration has granted him a service connected disability for Post-Traumatic Stress Disorder (PTSD).  However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted.  The record shows that on 28 June 2004, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  

6.  The applicant contends that his knee injury during deployment and his surgery after redeployment, contributed to his discharge from the Army.  However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition.  Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication.

7.  The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   The character of the applicant’s discharge is commensurate with his overall service record.  

8.  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:  Record Review     Date:  2 August 2013          Location: Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

Witnesses/Observers:  None 

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)		AR20130004770



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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