IN THE CASE OF:  	

      BOARD DATE:  	3 July 2013

      CASE NUMBER:  	AR20130004832
___________________________________________________________________________

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 that 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 is trying to get financial help to attend school.  He went through a devastating event when his girlfriend passed away and the help he was receiving from the Army was not helping his depression.  He began using alcohol and drugs as a way to self-medicate.  Since his discharge, he has completely overcome his depression and cleaned up his life.  He is trying to improve his future by getting a college degree.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		7 March 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			8 May 2009
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, 14-12c(2) 						JKK, RE-4        
e. Unit of assignment:			A Co, Warrior Transition Battalion, Fort Bliss, TX
f. Period of Mobilization:		22 October 2007, 10 months, 20 days (mobilized)
12 September 2008, 7 months, 29 days (medical retention)
g. Current Enlistment Service:	1 year, 6 months, 13 days 
h. Total Service:			2 years, 7 months, 10 days
i. Time Lost:				None
j. Reserve Component Discharge:	ARNG (060929-090508), GD, (period included in 
                                                      DD Form 214)											IADT (070115-070504), HD (Concurrent Service)	
k. Highest Grade Achieved:		E-2	
l. Military Occupational Specialty:	11B10, Infantryman
m. GT Score:				100
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Iraq (dates NIF)
q. Decorations/Awards:		NDSM, GWOTSM, ASR
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 Army National Guard (ARNG) on 29 September 2006 and attended Initial Active duty Training between January 2007 and May 2007.  On 25 October 2007, he was ordered to active duty for a period of 400 days in support of Operation Iraqi Freedom.  He was 21 years old at the time of entry and was a high school graduate.  He was serving at Fort Bliss, TX when his discharge was initiated.  His record does not contain any significant awards or meritorious achievements.  The applicant served a total of 2 years, 7 months and 10 days of active and inactive service.  His record shows he was mobilized on 22 October 2007 for a period not to exceed 400 days. After serving 10 months, 22 days of the mobilization, he was retained on active duty to undergo medical treatment until his discharge on 8 May 2009.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence shows that on 16 April 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for the commission of serious offenses; specifically, for receiving 3 Field Grade Articles 15 and a vacation of a suspended sentence for wrongfully using a controlled substance.

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 24 April 2009, the applicant waived legal counsel, was advised of the impact of the discharge action, waived appearance before an administrative separation board (was not entitled to such 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.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  

4.  On 30 April 2009, 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 8 May 2009, for misconduct (drug abuse), under the provisions of Chapter 14-12c(2), with an SPD code of JKK and an RE code of 4.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  Field Grade Article 15, issued on 24 March 2008, for wrongfully using marijuana on or before 9 November 2007.  His punishment consisted of reduction to the grade of E-1, forfeiture of half a month’s pay (suspended), and 15 days of extra duty.

2.  Field Grade Article 15, issued on 3 December 2008, for wrongfully using marijuana (080929-081029).  His punishment consisted of forfeiture of pay in the amount of $308.00, and 45 days of extra duty and restriction.

3.  Field Grade Article 15, issued on 5 February 2009, for wrongfully using marijuana (081212-090112).  His punishment consisted of forfeiture of pay in the amount of $500.00 (suspended), and 30 days of extra duty and restriction.

4.  Vacation of suspended sentence of forfeiture in the amount of $500.00, was ordered to be executed on 13 April 2009, for a new offense of wrongfully using marijuana (090226-090327).

5.  One negative counseling statement, dated 13 April 2009, for the commission of a serious offense.

EVIDENCE SUBMITTED BY THE APPLICANT 

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, the document, 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.  

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 that he had good service which included a combat tour.  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 his serious offenses of abusing an illegal drug on multiple occasions.  The applicant’s record contains 3 Field Grade Articles 15 for serious violations of the Uniform Code of Military Justice.  

5.  The applicant also contends that he was self-medicating to get over his depression which was caused by the death of his girlfriend.  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.  

6.  The applicant requests an upgrade of his discharge in order to allow him educational benefits through the use of the GI Bill.  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.  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:  3 July 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




















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	UOTH - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR 20130004832

2



ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1