IN THE CASE OF:  	Mr. 

      BOARD DATE:  	4 September 2013

      CASE NUMBER:  	AR20130005436
___________________________________________________________________________

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 was improper.  The evidence indicates the applicant was entitled to an administrative separation board because he had over 6 years of total active and reserve military service at the time of initiation of the separation action.  An administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects the applicant did not receive an administrative separation board and did not waive it either.  Denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper.  

2.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority.  This action does not entail restoration of grade.




      
      
      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, he fully understands that what he did was wrong and he was not setting the example of what Soldiers and the Army is about.  He would like for the board to understand his situation, realize that he was a very young, immature, and 
only 19 years old.  He grew up in a fast pace lifestyle, was trying to adapt to losing his 5 ½ month old son to S.I.D.S, his daughter having open heart surgery, dealing with marital problems, conflicts at work, and two deployments away from family.  Through it all, he still served his country, and put his heart, soul and energy into everything he did.  The reason why he is asking for this blessing is because he is father of four daughters, and he would love to continue his education and use his G.I. Bill.  Lastly, he would like to pursue his goals in barbering, Business Management, and open his own Barbershop.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		19 March 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			31 July 2008
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, 14-12c(2), 						JKK, RE-4        
e. Unit of assignment:			135th Quartermaster Company, 87th Combat 							Sustainment Support Battalion, 3d Sustainment 						Brigade (Rear) (Provisional), Fort Stewart, GA
f. Current Enlistment Date/Term:	16 December 2004, 6 years 
g. Current Enlistment Service:	3 years, 7 months, 15 days
h. Total Service:			6 years, 2 months, 22 days
i. Time Lost:				None
j. Previous Discharges:		RA (020509-041215), HD
k. Highest Grade Achieved:		E-5	
l. Military Occupational Specialty:	92F10, Petroleum Supply Specialist
m. GT Score:				111
n. Education:				HS Graduate
o. Overseas Service:			NIF
p. Combat Service:			NIF
q. Decorations/Awards:		ARCOM-2, AAM-3, AGCM, GWOTSM, ASR
r. Administrative Separation Board: 	No
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 May 2002, for a period of 3 years.  He was 
19 years old at the time of entry and had a high school degree.  He reenlisted on 16 December 2004 for 6 years.  He was serving at Fort Stewart, GA when his discharge was initiated.  He was awarded two ARCOMs, three AAMs and an AGCM.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence shows that on 9 July 2008, 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 commission of a serious offense, abuse of illegal drugs, specifically for twice wrongfully using marijuana (071205 and 080102).

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge.

3.  On 9 July 2008, the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board.  The applicant submitted 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 a general, under honorable conditions discharge.  

4.  On 17 July 2008, 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’s record does not contain any evidence of unauthorized absences.

6.  The record also contains two positive urinalysis tests coded as IR (Inspection Random), dated 5 December 2007 and 2 January 2008, that were positive for marijuana.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  The applicant received a FG Article 15, dated 4 February 2004, for wrongfully using marijuana (between 071105-071205).  His punishment consisted of a forfeiture of pay in the amount of $1,018.00 for two months, 45 days of extra duty and restriction.

2.  Numerous counseling’s covering the period 7 September 2007 through 20 May 2008, for being positive for marijuana on a unit urinalysis, failures to report, lateness, and notification of recommendation to chapter.

3.  Three NCOERs covering the period 1 August 2006 through 4 February 2008.  The first two NCOERs were successful; however, the last report reflected the drug usage.



EVIDENCE SUBMITTED BY THE APPLICANT 

A DD Form 293; DD Form 214; a self-authored statement; an Enlisted Record Brief (ERB); Certificate of Achievement (COA); diploma from the Warrior Leader Course; three AAMs and two ARCOMs.

POST-SERVICE ACTIVITY: 

Taking care of his family and pursuing his education and a better job. 

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.

2.  After a careful review of all the applicant’s military records, the issue and documents submitted with the application, the discharge appears to be improper.  

3.  The evidence of record confirms that the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board and had over 6 years of total active and reserve military service at the time of initiation of separation action.  An administrative separation board is a right and required under the provisions of Army Regulation 635-200. The record reflects that the applicant did not receive an administrative separation board and denial of such a board constituted a prejudicial error to the rights of the applicant and as a result the discharge is improper.  

4.  The records show the proper discharge and separation procedures were not followed in this case.  

5.  Therefore, the discharge being improper, recommend the Board grant full relief in the form of an upgrade of a change to the characterization of service to “Honorable,” and a change to the narrative reason for separation to “Secretarial Authority,” under the provisions of Chapter 5, Paragraph 5-3, AR 635-200, with a corresponding separation (SPD) code of "JFF."  This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date: 4 September 2013     Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers: ?NA???? 

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

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	Honorable
Change Reason to:			Secretarial Authority
Change RE Code to:		1
Grade Restoration to:		NA
Change Authority for Separation:	AR 635-200, Chapter 5, Paragraph 5-3
Other					Separation Program Designator (SPD) Code JFF





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)		AR20130005436



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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