IN THE CASE OF:  	Mr. 

      BOARD DATE:  	11 September 2013

      CASE NUMBER:  	AR20130006223
___________________________________________________________________________

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 from general, under honorable conditions to honorable.

2.  The applicant states, in effect, that an upgrade of his discharge would allow him the opportunity to receive his full GI Bill benefits, attend college and be a successful citizen.  He contends he was discharged for only using steroids and made an example of.  He used steroids as a means of being able to perform his job better, and for the pain, and the constant muscle strain.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		29 March 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			23 August 2011
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, Chapter 14, 						paragraph 14-12c(2), JKK, RE-4
e. Unit of assignment:			HHC, 5th Bn, 82nd FA, Fort Hood, TX
f. Current Enlistment Date/Term:	18 February 2009, 6 years
g. Current Enlistment Service:	2 years, 6 months, 6 days
h. Total Service:			3 years, 11 months, 16 days
i. Time Lost:				None
j. Previous Discharges:		RA-070908-090217/HD
k. Highest Grade Achieved:		E-4
l.  Military Occupational Specialty:	13B10, Cannon Crewmember
m. GT Score:				113
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (080612-090603 and 100912-110805)
q. Decorations/Awards:		ARCOM, AGCM, NDSM, ICM-w/3CS, GWOTSM, 						ASR, OSR-2
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No	
SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 8 September 2007.  On 18 February 2009, he reenlisted for a period of 6 years.  He was 20 years old at the time of reenlistment and a high school graduate.  His record indicates he served two periods of combat in Iraq, earned several awards including an ARCOM and AGCM, and achieved the rank of SPC/E-4.  
SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 20 April 2011, 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 misconduct (serious offense).  Specifically for the following offenses:

a. being identified by a CID source as a steroid user (101229), sources witnessed the applicant purchasing steroids from SPC S.P.;

b. based on the above information and the unit commander's personal observation he ordered the applicant's urinalysis on 2 January 2011;

c. testing positive for the use of a anabolic androgenic steroid methandienone (110315); 

d. admitting to SA G.L. that he took six steroid pills daily from mid-December 2010 until mid-January 2011, in violation of USF-1 general order number 1A and Article 11a, UCMJ.

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.

3.  On 20 April 2011, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action and did not submit 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 23 April 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  However, the separation was suspended until 23 April 2012.

5.  On 27 July 2011, the unit commander notified the applicant of initiation of vacation of suspension under the provisions of Chapter 1, paragraph 1-18, AR 635-200.  Specifically for the following offenses:

a. on (110705) admitted to his first sergeant and another noncommissioned officer of smoking marijuana while on NCR&R;

b. on (110706) admitted in a sworn statement to his unit commander of smoking marijuana between (110610 and 110625);

c. provided a false statement to his unit commander, first sergeant, and another noncommissioned officer.

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

7.  On 27 July 2011, the applicant acknowledged receipt of the foregoing notice from his commander that informed him of the basis for the contemplated action to vacated the suspension and separate him under the provisions of Chapter 14, paragraph 14-12c(2), and of his rights.  

8.  On 27 July 2011, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action and did not submit 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.  

9.  On 28 July 2011, the separation authority approved the request for vacation of suspension under the provisions of Chapter 1, paragraph 1-18, AR 635-200, waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

10.  The applicant was discharged from the Army on 23 August 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), with a Separation Program Designator code (SPD) of JKK and an RE code of 4. 

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  CID Report, dated 13 December 2010, that indicates the applicant was the subject of an investigation for suspected steroids use.

2.  There is a positive urinalysis report contained in the record coded; PO, (Probable Cause),  2 January 2011, anabolic steroids.

3.  Article 15, issued on 19 April 2011, for the wrongful use of anabolic androgenic steroid methandienone between (101202 and 110102), while receiving special pay under 37 U.S.C. and violating a lawful general order by using anabolic androgenic steroid methandienone between (101202 and 110102).  The punishment consisted of reduction to the grade of E-1, forfeiture of $734.00 pay per month for two months (suspended), and extra duty for 45 days (FG). 

4.  Three negative counseling statements, dated between 7 March 2011 and 27 July 2011, for illegal use of a controlled substance, testing positive for anabolic steroids, and making a false statement.
      
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293.

POST-SERVICE ACTIVITY: 

None were 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 his Article 15 for multiple violations of the Uniform Code of Military Justice and his three negative counseling statements.  

3.  The applicant provided no independent corroborating 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 his misconduct was the result of his attempt to perform his job better.  However, he had many legitimate avenues before committing the misconduct which led to the separation action under review.  

5.  The applicant has expressed his desire to be able to receive his full GI Bill benefits and be a successful citizen.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

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: 11 September 2013      Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: NA 

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:	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)		AR20130006223



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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