IN THE CASE OF:  	Mr. 

      BOARD DATE:  	3 May 2013

      CASE NUMBER:  	AR20130005146
___________________________________________________________________________

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 to be 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 was affected by his sister’s car accident and her subsequent death.  During his leave he was confused and used marijuana but was confident this was an isolated incident.  He states his father also died after his sister and these tragedies affected his behavior and ultimately caused his discharge.  Since leaving the Army, he has learned very much from his mistake and is currently enrolled in college and maintains a 4.0 grade point average.  The applicant provides a lengthy statement with his account of the events that led to his discharge from the Army.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		11 March 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			6 July 2012
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, 14-12c(2), 						JKK, RE-4        
e. Unit of assignment:			C Co, 4th Bde Special Troops Bn, Fort Polk, LA
f. Enlistment Date/Term:		2 February 2010,  3 years and 30 weeks
g. Current Enlistment Service:	2 years, 3 months, 6 days
h. Total Service:			2 years, 3 months, 6 days
i. Time Lost:				None
j. Previous Discharges:		None 
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	25Q10, Multichannel Trans Operator
m. GT Score:				104
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Afghanistan (101028-111015)
q. Decorations/Awards:		NDSM, ACM-2, GWOTSM, NATO MDL, CAB
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 Regular Army on 2 February 2010 for a period 3 years and 30 weeks, he was 24 years old at the time and a high school graduate.  When his discharge proceedings were initiated he was serving at Fort Campbell, KY.  He served in Afghanistan and earned a CAB.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 22 May 2012, 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, specifically for wrongfully using marijuana.  

2.  Based on the above misconduct, the unit commander initially recommended a general, under honorable conditions discharge and advised the applicant of his rights.  However, it was later changed to fully honorable.

3.  On 29 May 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement on his behalf requesting retention in the Army.  The unit commander subsequently recommended separation from the Army with an honorable characterization of service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended disapproval of the separation or an honorable discharge.  

4.  On 22 June 2012, 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 on 6 July 2012, for misconduct (drug abuse), under the provisions of Chapter 14-12c(2), with an SPD code of JKK and a RE code of 4.

6.  The applicant’s record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  A field grade Article 15 issued on 16 February 2012 for wrongfully using marijuana.  The applicant was reduced to the grade of E-3.  Page 2 of the Article 15 is not in the record.

2.  A negative counseling statement dated 24 June 2012 for wrongful use of a controlled substance.

EVIDENCE SUBMITTED BY THE APPLICANT 

A self-authored statement, recommendations from the company and battalion commanders, and a character reference letter.

POST-SERVICE ACTIVITY: 

The applicant states that he is attending college and maintains a 4.0 GPA.


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 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.  The applicant’s record of service was marred by one Article for a serious violation of the Uniform Code of Military Justice.

3.  The applicant’s in-service accomplishments, quality of his service during the initial portion of the enlistment under review and the recommendations of his immediate commanders were duly considered.  However, it was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by seriousness of his offense.

4.  The applicant contends the incident that caused his discharge was the only one in his entire Army career.  However, even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 

5.  By regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct.  It appears the applicant’s generally good record of service was the basis for his receiving a general discharge instead of the normal UOTHC discharge.  

6.  The applicant also contends that the deaths of his sister and father affected his behavior and he became confused.  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.  

7.  The applicant’s post-service accomplishments have also been noted as outlined on the application.  However, in review of the applicant’s entire service record and the reason for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted.  

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 May 2013 	Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Witnesses/Observers: N/A

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:		N/A
Grade Restoration to:		N/A
Change Authority for Separation:	N/A
Other:					N/A



















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
ADRB Case Report and Directive (cont)		AR 20130005146

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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