IN THE CASE OF:  	Mr. 

      BOARD DATE:  	28 August 2013

      CASE NUMBER:  	AR20130005095
___________________________________________________________________________

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 wants to rejoin or have his discharge upgraded to honorable based on his outstanding service and his many accomplishments in the U.S. Army.  He made a horrible decision by dealing with drugs and he is very remorseful and promised this will never occur again.  
 
DISCHARGE UNDER REVIEW INFORMATION:

     a.  Application Receipt Date:		11 March 2013
     b.  Discharge Received:		General, Under Honorable Conditions
     c.  Date of Discharge:			29 January 2013
     d.  Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, 14-12c(2), 						           JKK, RE-4        
     e.  Unit of assignment:			90th HRC, STB, 3rd Sus Bde, Fort Stewart,GA
     f.   Current Enlistment Date/Term:	31 January 2008, 6 years and 0 weeks
     g.  Current Enlistment Service:	           4 years, 12 months, 28 days
     h.  Total Service:			           6 years, 5 months, 21 days
     i.   Time Lost:				None
     j.   Previous Discharges:		(060809-080130)/HD
     k.  Highest Grade Achieved:		E-6	
     l.   Military Occupational Specialty:	92Y20, Unit Supply Specialist
     m. GT Score:				112
     n.  Education:				2 Years of College
     o.  Overseas Service:			Germany, SWA
     p.  Combat Service:			Iraq (080405-090516), Kuwait (120122-120713)
     q.  Decorations/Awards:		ARCOM-3, AAM-3, ARGCM-2,NDSM, GWOTSM,                    						ICM/CS, NCOPDR, ASR, OSR-3, CAB, VUA, 
                                                                 GWOTEM
     r.   Administrative Separation Board: 	Yes
     s.  Performance Ratings:		Yes
     t.   Counseling Statements:		Yes	
     u.  Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 9 August 2006 for a period of 3 years and 21 weeks.  He was 24 years old at the time of entry and completed 2 years of college.  He served in Germany, Iraq, and Fort Stewart.  He earned 3 ARCOM's, 3 AAM's, several service awards and completed 6 years, 5 months, and 21 days of active duty service.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence shows that on 12 December 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, for misconduct-abuse of illegal drugs, for wrongfully using cocaine on two occasions; between 24 September 2012-27 September 2012 and again between 21 October 2012-
25 October 2012.

2.  Based on the above misconduct, the commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.  

3.  On 12 December 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board. The applicant 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 an under other than honorable conditions discharge.  

4.  On 2 January 2013, the applicant was notified to appear before an administrative separation board and advised of his rights.  

5.  On 17 January 2013, the administrative separation board convened and the applicant appeared with counsel.  The board recommended the applicant’s discharge with characterization of service of general, under honorable conditions.

6.  On 23 January 2013, the separation authority approved the recommendation of the administrative separation board and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

7.  The applicant was discharged from the Army on 29 January 2013, 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), a Separation Program Designator code (SPD) of JKK and an RE code of 4. 

8.  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 one positive urinalysis reports contained in the record:

 	IR, Inspection Unit, 27 September 2012, cocaine

2.  Article 15, dated 30 November 2012, wrongful use of cocaine (between 24 September 2012- 27 September 2012).  The punishment consisted of reduction to the grade of E-5, extra duty for 30 days; restriction for 30 days (FG).  

3.  Two negative counseling statements, dated 19 October 2012 and 22 October 2012, based on him testing positive for cocaine during unit urinalysis testing, and being flagged for elimination IAW AR 635-200, chapter 14-12c(2).  

4.  Five NCOERs covering the periods from 1 February 2009 to 16 July 2012.  All of the evaluations reflected successful performances with the exception of the evaluation covering the rating period ending 21 January 2010, where the applicant was relieved for cause for his poor judgment in forging the company commander's signature on an Army document.    

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided the following:

     a.  Online application, dated 20 March 2013.

     b.  A self-authored statement from the applicant.

     c.  Copies of the applicant's awards and commendations.

     d.  Copies of the applicant's military and civilian education.

     e.  Copies of the applicant's NCOERs.

     f.  Several statements in support of his application.

     g.  Photos of support.

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 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 non-commissioned officer.  The applicant, as an NCO, 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 wrongful use of cocaine and a relief for cause NCOER for forging the company commander's signature on an official Army document.  

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, in effect, that he is remorseful for his misconduct, and based on his service accomplishments he should be given a chance to rejoin and continue to serve his country.  The applicant’s service accomplishments and the quality of his service prior to the incident 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.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4.  An RE code of 4 cannot be waived and the applicant is not eligible to reenlist.

5. 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.  

6.  The records show the proper discharge and separation authority procedures were followed in this case.  

7.  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:  28 August 2013          Location:  Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Witnesses/Observers: 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 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)		AR20130005095



Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1