IN THE CASE OF:  	

      BOARD DATE:  	31 May 2013

      CASE NUMBER:  	AR20130006051
___________________________________________________________________________

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 his under other than honorable conditions discharge be upgraded to honorable.  

2.  The applicant states, in effect, that he made a mistake and has learned his lesson.  He states he has been clean for 11 years; he is now married and has a daughter.  He acknowledges his mistake and does not make any excuses for what he did when he was young and dumb.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			25 March 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				26 March 2002
d. Reason/Authority/SPD/RE Code:	  	In Lieu of Trial by Court-Martial, AR 635-200								Chapter 10, KFS, RE-4
e. Unit of assignment:				A Co, 125th Support Battalion, Fort Riley, KS 
f. Enlistment Date/Term:			16 September 1999, 3 years
g. Current Enlistment Service:		2 years, 6 months, 11 days
h. Total Service:				2 years, 6 months, 11 days
i. Time Lost:					None 
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		63J10, QM and Chemical Equipment Repairer
m. GT Score:					91
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			ASR
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			Yes
u. Prior Board Review:				No
SUMMARY OF SERVICE:

The record shows the applicant enlisted in the Regular Army on 16 September 1999, for a period of 3 years.  He was 20 years old at the time and was a high school graduate.  His record indicates he served for 2 years, 6 months, and 11 days.  The record documents no acts of valor or significant achievement.  He was serving at Fort Riley, KS when his discharge proceedings were initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The record indicates that on 26 February 2002, court-martial charges were preferred against the applicant for wrongfully using marijuana (011203-020102).  

2.  On 6 March 2002, the applicant consulted with legal counsel and was advised of the basis for the contemplated trial by court-martial and of the maximum permissible punishment under the UCMJ, of the possible effects of a discharge under other than honorable conditions, and of the rights and procedures available to him.  Subsequent to receiving this legal counsel, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial.

3.  In his request for discharge, the applicant acknowledged that by submitting the request for discharge he was admitting he was guilty of the charge against him or of a lesser-included offense that also authorized the imposition of a bad conduct discharge.  He also confirmed his understanding that if his request for discharge was approved, he could receive an under other than honorable conditions discharge.  He further stated he understood that receipt of an under other than honorable conditions discharge could result in his being deprived of many or all Army benefits, his possible ineligibility for many or all benefits administered by the Veterans Administration, and he could be deprived of his rights and benefits as a veteran under State and Federal laws.  The applicant indicated he would submit a statement on his own behalf; however, this statement is not contained in the record.  

4. On 19 March 2002, the separation authority approved the applicant's request for discharge and directed that he be reduced to the lowest enlisted grade and issued an under other than honorable conditions discharge certificate.  

5.  On 26 March 2002, the applicant was discharged accordingly.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed a total of 2 years, 6 months, and 11 days of creditable active military service.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There is one negative counseling statement dated 29 January 2002, for wrongfully using and possessing a controlled substance.

2.  A Field Grade Article 15, dated 20 November 2001, for wrongfully using amphetamines (010429-050503) and wrongfully distributing a controlled substance (010503).  His punishment consisted of reduction to the grade of E-2, forfeiture of pay in the amount of $584.00 per month for 2 months (suspended), 45 days of extra duty and restriction.

3.  The record contains two positive urinalyses coded IR for Inspection Random.  One dated   2 January 2002 for marijuana and the other dated 3 May 2001 for amphetamines.

4.  A CID Report dated 6 February 2001 that indicates the applicant was the subject of an investigation for wrongful use of marijuana.
EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant provided no supporting documents.  

POST-SERVICE ACTIVITY: 

The applicant states he is now a family man and has been drug free for the last 11 years.

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate.

2.  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.

3.  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.  

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of his discharge was carefully considered.  However, after examining the applicant’s record of service, the issue and document submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The evidence of record confirms the applicant was charged with the commission of offenses punishable under the UCMJ with a punitive discharge.  It also shows that after consulting with defense counsel, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 

3.  The applicant contends that he has learned from this mistake he made over 11 years ago.  
However, However, the US Army does not have, nor has it ever had, a policy to upgrade a discharge based on time elapsed since the discharge.  Each case is decided on its own merits based on all factors contained in the official record or as submitted by the applicant.  Changes may be warranted if the Board determines the characterization of service or the reason for discharge or both were improper or inequitable.  The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance.  

4.  The applicant also contends he was young at the time of his offenses.  The record shows the applicant met entrance qualification standards to include age.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

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

6.  Therefore, the reason for the discharge and 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: 31 May 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)		AR20130006051

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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