IN THE CASE OF:   

      BOARD DATE:  	28 August 2013

      CASE NUMBER:  	AR20130005940
___________________________________________________________________________

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 general, under honorable conditions discharge to honorable.

2.  The applicant states, in effect, that while stationed at Walter Reed, she was charged with using drugs and was sent to rehabilitation.  A year later she turned positive on another drug test, she asked for a second test but her commander said she was a repeat offender and could not have another test.  She requested a lie detector and it was also denied.  It has been 9 years since then and she has remained sober.  She feels her commander should have given her the benefit of the doubt after all the things she went through while at Walter Reed; specifically, the verbal abuse and the mental and sexual trauma she endured.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		25 March 2013
b. Discharge Received:		General, Under Honorable Conditions	
c. Date of Discharge:			30 July 2003
d. Reason/Authority/SPD/RE:		Misconduct, 14-12c, JKQ, RE-3
e. Unit of assignment:			C Co, Walter Reed AMC, Walter Reed, DC	
f. Current Enlistment Date/Term:	16 November 1999, 6 years	
g. Current Enlistment Service:	3 years, 8 months, 15 days
h. Total Service:			3 years, 8 months, 15 days
i. Time Lost:				None
j. Previous Discharges:		None	
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	91X10, Mental Health Specialist
m. GT Score:				109
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		AAM, NDSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None	
t. Counseling Statements:		None
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 16 November 1999, for a period of 6 years.  She was 21 years old at the time of entry and a high school graduate.  She served for 3 years, 8, months, and 15 days and was discharged for misconduct, specifically for abusing illegal drugs.  
She was serving at Walter Reed Army Medical Center, DC, when her discharge proceedings were initiated.  Her record indicates she earned an AAM.
SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 25 June 2003, 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—commission of serious offense, for wrongfully using marijuana and cocaine, with a general, under honorable conditions discharge.  She was advised of her rights.  

2.  On 27 June 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement on her own behalf requesting to be retained until her ETS.  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 of the separation with a general, under honorable conditions discharge.  

3.  The separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

4.  The applicant was discharged from the Army on 30 July 2003, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct, with a Separation Program Designator code (SPD) of JKQ and an RE code of 4. 

5.  The applicant’s record does not show any record of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  On 28 May 2003, the applicant accepted a Field Grade Article 15, for wrongfully using marijuana (011225-020124) and wrongfully using cocaine (020118-020124).  Her punishment consisted of reduction to the grade to E-3, forfeiture of pay in the amount of $650.00 per month for two months ($200 suspended), and 30 days of extra duty.

2.  A positive urinalysis dated 28 May 2003, which was coded IR (Inspection Random), for marijuana.

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided an online application and a DD Form 149.

POST-SERVICE ACTIVITY: 

None 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 her discharge characterization was carefully considered.  However, after examining the applicant’s record of service during the period of enlistment under review, the issues and document 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 quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier.  As a Soldier, the applicant had the duty to support and abide by the Army's drug policies and by abusing illegal drugs, she knowingly risked a military career and diminished the quality of her service below that meriting an honorable discharge.  

3.  The applicant's misconduct adversely affected the quality of her service, brought discredit on the Army, and was prejudicial to good order and discipline.  Although the applicant alleges she did not do the drugs for which she was discharged, the record does not contain any evidence of arbitrary or capricious actions by the command, it shows all requirements of law and regulation were met and the rights of the applicant were protected throughout the separation process.  

4.  Moreover, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support the issue.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she was unjustly discriminated.   In fact, the applicant’s Field Grade Article 15 for a serious violation of the Uniform Code of Military Justice justifies her discharge from the Army.  The applicant’s statements alone do not overcome the government’s presumption of regularity and she has not provided any documentation or evidence in support of her request for a discharge upgrade.   

5.  The applicant also contends she should have been given the benefit of the doubt because of the mental and sexual trauma she endured.  However, the record does not contain any evidence of a sexual trauma.  In fact the record shows that on 26 November 2002, the applicant underwent a mental status evaluation which indicates she was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  The psychiatrist indicated the applicant was suffering from cocaine and marijuana dependence with psychological dependence in early full remission.

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: 28 August 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 RE Code to:			No Change
Grade Restoration to:			NA
Change Authority for Separation:		No Change
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	UOTH - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR 20130005940		

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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