IN THE CASE OF:  	

      BOARD DATE:  	4 October 2013

      CASE NUMBER:  	AR20130004781
___________________________________________________________________________

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, that he served in Iraq from February 2009 through February 2010.  He received treatment for stress and anger management during and after OIF.  He believes he was suffering from PTSD upon his return from combat.  He began to self-medicate with substances for his anxiety and sleep problems.  It’s a scientific fact the prevalence of substance abuse among PTSD patients.  Although he was provided with some mental health treatment, it was not for his PTSD condition.  He feels as though he deserves the benefits received from an honorable discharge.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		7 March 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			23 March 2011
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, 14-12c(2) 						JKK, RE-4        
e. Unit of assignment:			G Forward Support Company, 1st Battalion, 82nd 						Field Artillery Regiment, 1st Brigade Combat Team 						1st Cavalry Division, Fort Hood, TX
f. Current Enlistment Date/Term:	13 May 2008, 4 years
g. Current Enlistment Service:	2 years, 10 months, 10 days
h. Total Service:			6 years, 4 months, 27 days
i. Time Lost:				None
j. Previous Discharges:		ARNG (041027-070206), HD									IADT (060530-060830), UNC                                                                        					RA (070227-080512), HD
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	92A10, Automated Logistical Specialist
m. GT Score:				117
n. Education:				HS Graduate
o. Overseas Service:			Korea, SWA
p. Combat Service:			Iraq (090201-100201)
q. Decorations/Awards:		AAM, AGCM, NDSM, ICM-w/CS, GWOTSM, KDSM 						ASR, OSR-2
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 ARNG on 27 October 2004 for a period of 6 years.  On 
27 February 2007, he joined the Regular Army for a period of 3 years.  He was 19 years old at the time of entry and was a high school graduate.  He reenlisted on 13 May 2008 for a period of 4 years.  He was serving at Fort Hood, TX when his discharge was initiated.  His record shows he was awarded an AAM and an AGCM.  

SEPARATION FACTS AND CIRCUMSTANCES

1.  On 25 February 2011, the service record indicates that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct-commission of a serious offense, specifically for wrongfully using marijuana (101024-101124).  

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 25 February 2011, the applicant waived consulting with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board and indicated he would not submit a statement on his 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 of the separation with a general, under honorable conditions discharge.  

4.  On 3 March 2011, the separation authority 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 23 March 2011, for misconduct (drug abuse), under the provisions of Chapter 14-12c(2), with an SPD Code of JKK, and RE code of 4.

6.  The service record does not contain any evidence of time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  A Field Grade Article 15, dated 30 January 2009, for wrongfully using cocaine (between 081230-090105).  His punishment consisted of a reduction to E-1, forfeiture of pay in the amount of $699.00 for two months, and 45 days of extra duty and restriction.

2.  A Company Grade Article 15, dated 15 October 2010, for soliciting another Soldier to forge CPT C’s signature on an AER application.  His punishment consisted of a reduction to E-3, and a forfeiture of $448.00 pay, both suspended.  


3.  A Field Grade Article 15, dated 29 December 2010, for wrongfully using of marijuana (between 101229-101024-101124).  His punishment consisted of a reduction E-1, forfeiture of $723.00 pay for two months, extra duty and restriction for 45 days.  

4.  There are three positive urinalysis reports contained in the record coded as IU (inspection unit), for cocaine, dated 5 January 2009; and two IR (inspection random), for marijuana, dated 24 November 2010 and 9 December 2010.  

5.  One negative counseling dated 21 January 2009, for wrongfully testing positive for cocaine.  

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293 and a DD Form 214.

POST-SERVICE ACTIVITY: 

None 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 he received treatment for stress and anger management during and after OIF.  He believes he was suffering from PTSD upon his return from combat.  He was provided with some mental health treatment, it was not for his PTSD condition.  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.  The record shows that on 5 January 2011, the applicant underwent a mental status evaluation which indicated there was no psychiatric disease or
defect which warrants disposition through medical channels.  This applicant was screened for TBI and PTSD and did not meet diagnostic criteria for these disorders.  Lastly, he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  

5.  The applicant contends that he served in Iraq and he deserves the benefits of an honorable discharge.  The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct or by the  documented actions under Article 15 of the Uniform Code of Military Justice.

6.  The applicant contends he began to self-medicate with substances for his anxiety and sleep problems.  It’s a scientific fact the prevalence of substance abuse among PTSD patients.  
The record of evidence does not demonstrate that he sought relief for his substance abuse  problem through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other  resources available to all Soldiers.  Further, AR 600-85, paragraph 3-8 entitled self-referrals, states the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance.
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: Records Review	  	Date:  4 October 2013	Location: Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

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 RE Code to:			No Change
Grade Restoration to:			NA
Change Authority for Separation:		No Change
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)		AR20130004781



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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