IN THE CASE OF:  	Mr. 

      BOARD DATE:  	29 July 2013

      CASE NUMBER:  	AR20130004833
___________________________________________________________________________

Board Determination and Directed Action

1.  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 to be both proper and equitable and voted to deny relief.  
      
2.  However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25 and 26 contain erroneous entries.  

3.  The Board directed the following administrative corrections and reissue of the applicant’s DD Form 214, as approved by the separation authority:
      
      a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, 
      b. block 26, separation code changed to JKQ, 




      
      
      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 his under other than honorable conditions discharge be upgraded to honorable.  

2.  The applicant states, in effect, that he lost his GI Bill benefits because of the information shown on his DD Form 214.  The applicant contends he should be receiving his GI Bill benefits. The applicant also contents his DD Form 214 is missing some of his awards.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		8 March 2013
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			4 April 2002
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200 							Chapter 14, paragraph 14-12c(1), JKF, RE-3
e. Unit of assignment:			403d  Trans Co, 7th Trans Bn, Fort Bragg, NC
f. Current Enlistment Date/Term:	26 January 2001, 4 years
g. Current Enlistment Service:	1 year, 3 months, 0 day
h. Total Service:			6 years, 00 months, 28 days
i. Time Lost:				None
j. Previous Discharges:		USMCR-950513-950606/NIF									USMC-950607-970924/NIF									    (Break-in-Service)										USAR-980720-980811/NA										RA-980812-010125/HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	88H10, Cargo Specialist
m. GT Score:				91
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		ASR
r. Administrative Separation Board: 	Yes
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No





SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 12 August 1998, for a period of 3 years.  He reenlisted on 26 January 2001 for a period of 4 years.  He was 25 years old at the time of reenlistment and a high school graduate.  He achieved the rank of SPC/E-4.  His record documents no acts of valor or significant achievements.  He completed 6 years, and 28 days of total military service.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 26 November 2001, 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 (serious offense) for testing positive on a urinalysis for THC for the third time.

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

3.  On 5 December 2001, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than general, under honorable conditions.  The applicant indicated his intention to submit a statement on his own behalf; however, no statement was found in the record.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed action and recommended approval with an under other than honorable conditions discharge.  

4.  On 23 January 2002, the separation authority after reviewing the applicant's request for a conditional waiver disapproved his request and referred his case to an administrative separation Board.

5.  The applicant was notified to appear before an administrative separation board and advised of his rights.  

6.  On 8 March 2002, the administrative separation board convened and the applicant appeared with counsel.  The board recommended the applicant’s discharge with characterization of service of under other than honorable conditions.

7.  On 22 March 2002, the separation authority approved the recommendation of the administrative separation board and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.

8.  The applicant was discharged from the Army on 5 April 2002, with a characterization of service of under other than honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), with a Separation Program Designator code (SPD) of JKQ and a RE code of 3. 
9.  The applicant's DD Form 214 under review indicates he was discharged under the provisions of Chapter 14, paragraph 14-12c(1), AR 635-200, for misconduct (serious offense), with a Separation Program Designator code (SPD) of JKF and a RE code of 3. 

10.  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 are two positive urinalysis reports contained in the record:

	US (IU), Inspection Unit, 22 May 2001, marijuana (THC)

	US (IU), Inspection Unit, 20 July 2001, marijuana (THC)

2.  Article 15, dated 23 November 1999, for the wrongful use of marijuana between (990820 and 990920).  The punishment consisted of reduction to the grade of E-1, forfeiture of $480.00 pay for two months (suspended), and extra duty for 45 days, (FG). 

3.  Article 15, dated 30 July 2001, for the wrongful use of marijuana between (010422 and 010522).  The punishment consisted of reduction to the grade of E-1, forfeiture of $521.00 pay for two months, and extra duty for 45 days, (FG). 

4.  Article 15, dated 19 September 2001, for the wrongful use of marijuana between (010620 and 010720).  The punishment consisted of forfeiture of $521.00 pay for two months, extra duty for 45 days, and restriction for 45 days (FG). 

5.  Twenty-eight negative counseling statements dated between 28 August 1999 and              31 August 2001, for destruction of government property, living in unsanitary conditions, failure to report, loss of military property, disobeying a lawful order from an noncommissioned officer (NCO), disrespecting and threatening a NCO, lack of motivation, initiative and self discipline, failure to obey local laws, missing formations, writing dishonorable checks, and failure to be at his appointed place of duty.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a copy of his DD Form 214.

POST-SERVICE ACTIVITY: 

None were 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 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 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.  By the misconduct, the applicant diminished the quality his service below that meriting an HD or a GD. The applicant’s record was marred by 3 Articles 15 and numerous negative counseling statements for multiple violations of the UCMJ.  

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 has expressed his desire to receive his GI Bill benefits.  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.

5.  The applicant alleges his record is missing some awards.  However, this is an issue that does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization. 

6.  Additionally, the service record reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14-12c(1) and block 26 separation code as "JKF."

7.  Therefore and as approved by the separation authority, the following administrative corrections are recommended:

      a. block 25, separation authority to AR 635-200, Chapter 14-12c
      b. block 26, separation code to JKQ

8.  Except for the foregoing modifications, the Board determined the discharge was both proper and equitable.


SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review	  Date:  31 July 2013   Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: NA 

Board Vote:
Character Change:  1	No Change:  4
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes	
Change Characterization to:	No Change
Change Reason to:			No Change
Change Authority for Separation:	AR 635-200, Chapter 14-12c
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					SPD Code ‘JKQ’




















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)		AR20130004833



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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