IN THE CASE OF:  	

      BOARD DATE:  	27 September 2013

      CASE NUMBER:  	AR20130005144
___________________________________________________________________________

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 her discharge from general, under honorable conditions to honorable.

2.  The applicant states, in effect, that since her discharge she has attended and completed graduate school and obtained a Masters Degree in Forensic Psychology.  Her current characterization of service has hindered her ability to gain employment in her chosen field; therefore she requests her discharge be upgraded to honorable.  She also contends that she was dropped from officer candidate school for medical reason and is currently receiving 40% disability from the VA for a back injury that occurred while she was on active duty. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		12 March 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			1 June 2010
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, Chapter 14						paragraph 14-12c(2), JKK, RE-4
e. Unit of assignment:			HHC, 3rd Bn, 11th IN School, Fort Benning, GA
f. Current Enlistment Date/Term:	29 July 2009, 3 years
g. Current Enlistment Service:	9 months, 23 days
h. Total Service:			9 months, 23 days
i. Time Lost:				9 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	None
m. GT Score:				117
n. Education:				College Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		None
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		No
SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 29 July 2009, for a period of 3 years.  She was 35 years old at the time and a college graduate.  Her record documents no acts of valor or significant achievements.  She was serving at Fort Benning, GA when her discharge was initiated.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 20 May 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct-abuse of illegal drugs. Specifically for the following offenses:

a. abuse of illegal drugs (100401)

b. going AWOL (100411-100416) and (100508-100511)

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 May 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement on her 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 a general, under honorable conditions discharge.  

4.  On 27 May 2010, 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 1 June 2010, 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), with a Separation Program Designator code (SPD) of JKK and an RE code of 4. 

6.  The applicant’s record of service indicates 9 days of time lost; 5 days for being AWOL from 11 April 2010 until her hospitalization on 16 April 2010 and 4 days for being AWOL 8 May 2010 until her return to duty on 11 May 2010.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There is a positive urinalysis report contained in the record coded; IU (Inspection Unit), dated 1 April 2010, marijuana/THC.

2.  Article 15, imposed on 17 May 2010, for the wrongful use of marijuana (100401) and going AWOL x 2 (100411-100416) and (100508-100511).  The punishment consisted of reduction to the grade of E-1, forfeiture of $723.00 per month for two months, extra duty for 45 days, and restriction for 45 days (FG).
      
3.  Seven negative counseling statements dated between 30 March 2010 and 17 May 2010,
for wrongful use, possession and control of substances, going AWOL, Chapter 14-12c processing, larceny of government funds, fraud, failure to provide family support, and adultery.

4.  Report of Mental Status Evaluation, dated 17 May 2010, which psychiatrically cleared the applicant for any administrative action deemed appropriate by the command.

5.  Record of Disenrollment from Officer Candidate citing medical reasons
dated 28 January 2010.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, a CD, dated 9 March 2010 (MRI L-Spine), a copy of her Department of Veterans Affairs decision documents, dated 22 September 2011, copy of her administrative relief from USAIC Course of Instruction packet, dated 30 March 2010, divorce decree, dated 14 June 2010, degree certificate for Master of Arts in Forensic Psychology, dated 15 September 2012, and her DD Form 214 for the period of service under review.

POST-SERVICE ACTIVITY: 

The applicant states since her discharge she has attended and completed graduated school and obtained a Master of Arts in Forensic Psychology.

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.


4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (drug abuse).

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  However, after examining the applicant’s record of service, her 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 her 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 her service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by an Article 15 for violation of the Uniform Code of Military Justice and several negative counseling statements.

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 since her discharge she has received a master's degree.  The applicant’s post-service accomplishment has been noted as outlined on the application and in the document with the application.  However, in review of the applicant’s entire service record and the reasons for the discharge, this accomplishment does not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  

5.  The applicant also contends she is receiving service connected disability from the Veterans Administration for a back injury sustained while on active duty.  The Board acknowledges the CD submitted by the applicant indicating her injury.  However, the fact the Veterans Administration has granted the applicant service connection for a medical condition she suffered while on active duty does not support a conclusion that the characterization of her discharge was improper or inequitable.  Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct.  The applicant was separated from the Army for wrongfully using an illegal drug and for being AWOL.  

6.  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: 27 September 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 Authority for Separation:		No Change
Change RE Code to:			No Change
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)		AR20130005144



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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