IN THE CASE OF:  	
      
      BOARD DATE:  	2 August 2013

      CASE NUMBER:  	AR20130005942
___________________________________________________________________________

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 characterization from general, under honorable conditions to honorable.

2.  The applicant states, in effect, he completed 91 percent of his contract and only had 21 weeks left to complete his enlistment.  He feels his commander did not apply the standards equally to every Soldier.  Some received a lesser punishment for the same infractions.  His commander tried to court-martial him and when it was not approved became vindictive and speedily discharged him.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		22 March 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			23 August 2011
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), Chapter 14, paragraph 						14-12c(2), JKK, RE-4
e. Unit of assignment:			C Troop, 1st Sqdn, 11 Cavalry Rgt, Fort Irwin, CA
f. Current Enlistment Date/Term:	21 August 2008, 3 years and 21 weeks
g. Current Enlistment Service:	3 years, 0 months, 3 days
h. Total Service:			3 years, 0 months, 3 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	92Y10, Unit Supply Specialist
m. GT Score:				94
n. Education:				HS Graduate
o. Overseas Service:			Korea
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, KDSM, ASR, OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes	
u. Prior Board Review:			No 
SUMMARY OF SERVICE:		
	
The applicant's record shows he enlisted in the Regular Army on 21 August 2008, for a period of 3 years and 21 weeks.  He was 21 years old at the time and a high school graduate.  When his discharge proceeding were initiated he was serving at Fort Irwin, CA.  He served a total of 3 years and 3 days which included a tour in Korea.  His record documents no acts of valor or significant achievement.  
SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 31 May 2011, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12c(2), by reason of misconduct-abuse of illegal drugs; specifically for:

      a. Receiving a Field Grade Article 15 (110330), for wrongfully using marijuana
      b. Failing to report to his designated place of duty on several occasions (between 	100423-100901)
      
2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and informed the applicant of his rights.

3.  On 9 June 2011, the applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his 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 of a general, under honorable conditions discharge.  

4.  On 5 August 2011, 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 separated on 23 August 2011, under Army Regulation 635-200, paragraph 14-12c(2), for misconduct (drug abuse), with a general, under honorable conditions discharge, an SPD code of JKK and an RE code of 4.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Field Grade Article 15 issued on 30 March 2011, for wrongfully using marijuana (101206-110106).  His punishment consisted of reduction to the grade of E-1, forfeiture of pay in the amount of $733.00 pay per month for 2 months, 45 days of extra duty and restriction. 

2.  There are 7 negative counseling statements dated between 18 April 2010 and 1 September 2010, for offenses related to providing a false statement and numerous instances of failure to report to his designated place of duty.

EVIDENCE SUBMITTED BY THE APPLICANT: 

A character reference statement and copy of his DD Form 214.

POST-SERVICE ACTIVITY: 

None 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 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 a Field Grade Article 15 for a serious violation of the Uniform Code of Military Justice and 7 negative counseling statements.

3.  The applicant provided insufficient 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 he completed 91 percent of his contract and only had 21 weeks left to complete his enlistment.  He feels his commander did not apply the standards equally to every Soldier.  Some received a lesser punishment for the same infractions.  His commander tried to court-martial him and when it was not approved became vindictive and speedily discharged him.  The applicant’s service accomplishments and the quality of his service prior to the incidents 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 as shown by the seriousness of his misconduct, by the multiple negative counseling statements and the documented actions under Article 15 of the Uniform Code of Military Justice.

5.  Moreover, the method in which another Soldier’s case was handled is not relevant to the applicant’s case.  Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case.

6.  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.  

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

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:  2 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	UOTHC - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR 20130005942

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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