IN THE CASE OF:  	Mr. 

      BOARD DATE:  	16 October 2013

      CASE NUMBER:  	AR20130006210
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review and the Discussion and Recommendation that follows, the Board noted that the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of an honorable discharge.  Accordingly, the Board voted to change the characterization of service to honorable.  The Board found the reason for discharge was fully supported by the record and voted not to change it.  

      
      
      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 general, under honorable conditions discharge be upgraded to honorable.

2.  The applicant states, in effect, that he would like an upgrade for employment and schooling opportunities.  He contends he was suffering from a major depressive disorder, going through a divorce, and had become suicidal.  He made the mistake of smoking medical marijuana offered to him as a means to cope.  He only smoked it one time in his entire military career.  He was further persecuted for asking his command for help rather than ASAP.  

3.  He also contends 1SG G misrepresented his case; interfered with his medical board; lost his medical records which he illegally obtained from the clinic, held random formations without informing the applicant; made appointments on the appellant's behalf without telling the applicant; failed to include any favorable recommendations for an honorable discharge in the applicant's discharge packet; refused to help him get the aid he needed and, after telling 1SG G he was not doing his job of helping his soldiers, he swore to destroy the applicant and take all of his rank.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			27 March 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				29 March 2011
d. Reason/Authority/SPD/RE Code:		Misconduct (Drug Abuse), AR 635-200,									Para 14-12c(2), JKK, RE-4
e. Unit of assignment:				264th Med Bn, 32nd Med Bde,									Fort Sam Houston, TX
f. Current Enlistment Date/Term:		2 October 2008, 4 years
g. Current Enlistment Service:		2 Years, 5 Months, 28 Days
h. Total Service:				7 Years, 4 Months, 23 Days
i. Time Lost:					None
j. Previous Discharges:			USAR (031107-051024), HD										RA (051025-081001), HD
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		68W10, Health Care Specialist
m. GT Score:					121
n. Education:					HS Graduate
o. Overseas Service:				Korea
p. Combat Service:				None
q. Decorations/Awards:			ARCOM, AGCM, NDSM, GWOTSM, 									KDSM, NCOPDR, ASR, OSR (2nd Award)
r. Administrative Separation Board:		No
s. Performance Ratings:			No
t. Counseling Statements:			Yes
u. Prior Board Review:				NA
SUMMARY OF SERVICE:		
	
The applicant enlisted in the US Army Reserve (USAR) for a period of 8 years.  On 24 October 2005, the applicant was honorably discharged from the USAR for enlistment in the Regular Army.  He was 24 years old at the time of entry into the USAR and was a high school graduate with approximately one year of college.  He served in Korea.  He earned an ARCOM, AGCM, NDSM, and the KSDM, and completed 7 years, 4 months, and 23 days of military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 2 March 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct-abuse of illegal drugs for wrongfully using marijuana, and for failing to go to his appointed place of duty on divers occasions.  

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

3.  On 4 March 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived his right to an appearance before an administrative separation board, and submitted a statement on his behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The battalion commander reviewed the proposed action and recommended approval with an honorable discharge; the brigade commander recommended a general, under honorable conditions discharge.  

4.  The applicant's referral to a Medical Evaluation Board (MEB) was forwarded simultaneously with the separation action to the General Court-Martial Convening Authority. 

5.  On 18 March 2011, the separation authority reviewed the separation packet and MEB proceedings, and determined his medical condition was not a substantial contributing cause of the misconduct forming the basis for separation.  He directed the applicant's discharge with a characterization of service of general, under honorable conditions.

6.  The applicant was discharged from the Army on 29 March 2011, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), a Separation Program Designator code (SPD) of JKK and an RE code of 4. 

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There is one positive urinalysis report contained in the record:

	a.  IU, Inspection Unit, 6 April 2010, marijuana.

b.  17 February 2011, Memorandum from ASAP Counselor indicating the applicant 
      initially presented to the ASAP for triage as a self referral, due to his concerns about 
      his use of alcohol and cannabis to relieve his anxiety and depression symptoms.

2.  Article 15, dated 16 April 2010, for two specifications of failing to go to appointed place of (100330 and 100331).  The punishment consisted of reduction to PFC (suspended until 100516), forfeiture of $448.00 pay, extra duty and restriction for 14 days, and an oral reprimand, (CG).

3.  Article 15, 22 June 2010, illegal use of marijuana (100307-100406); reduction to PFC (PV2, forfeiture of $961.00 pay per month for two months, extra duty and restriction for 45 days, (FG). 

4.  Article 15, dated 20 January 2011, for three specifications of failing to go to appointed place of duty (101210, 101214 and 101214); reduction to PV2 (suspended until 110306), forfeiture of $383.00 pay, and extra duty and restriction for 14 days, (CG).

5.  14 February 2011, vacation of suspension of reduction to PV2, dated 20 January 2011, failed to go to appointed place of duty (110121), (CG).
      
6.  Numerous counseling statements dated between 13 December 2010 and 1 January 2011, for failing to go to his appointed place of duty and wrongful use of marijuana.  

7.  An MP Report dated 29 April 2010, which indicates the applicant was the subject of an investigation for wrongfully using marijuana.
      
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form149 with supporting statement; copy of an Honorable Discharge Certificate; recommendation letter to the separation authority, dated 8 March 2011.

POST-SERVICE ACTIVITY: 

None were listed.



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.

DISCUSSION AND RECOMMENDATION:

1.  After a careful review of all the applicant’s military records, the issues and documents submitted with the application, the characterization of service appears to be improper.  

2.  The record confirms the government introduced into the discharge packet a memorandum from an ASAP counselor indicating the applicant initially self-referred for treatment over his concern of alcohol and cannabis use.  This memorandum is limited use information as defined in AR 600-85 and is protected evidence because the applicant self-referred to ASAP.  Use of this information mandates award of an honorable characterization of service.  

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

4.  Therefore, the characterization of service being improper, recommend the Board grant full relief by upgrading the applicant’s characterization to honorable.  However, the reason for the discharge was fully supported by the record and remains both proper and equitable.   


SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date:  16 October 2013       Location:  Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: NA 

Board Vote:
Character Change:  3	No Change:  2
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:	  	Yes
Change Characterization to:  	Honorable	
Change Reason to:			No Change
Change Authority for Separation:  NA
Change RE Code to:  		NA	
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)		AR20130006210



Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1