IN THE CASE OF:  	Mr. 

      BOARD DATE:  	18 October 2013

      CASE NUMBER:  	AR20130007204
___________________________________________________________________________

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 he was discharged with a general discharge after testing positive for marijuana following deployment to Afghanistan in support of Operation Enduring Freedom (OEF).  He was diagnosed by the Department of Veteran Affairs and the San Jose Vet Center with Post Traumatic Stress Disorder due to his combat experience and the belief of his counselors, therapists, psychiatrists and himself, is that he was abusing marijuana to self-medicate for the symptoms of PTSD.  Pre-discharge, he was not diagnosed with PTSD accurately and now he is 70% Combat Related Service Connected through the Department of Veteran Affairs.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		12 April 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			12 December 2011
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, 14-12c(2), 						JKK, RE-4        
e. Unit of assignment:			A Co, 3rd STB, 3rd BCT, Fort Campbell, KY
f. Current Enlistment Date/Term:	19 September 2008, 3 years and 18 weeks; DD Form 						214 incorrectly reflects 8 August 2008
g. Current Enlistment Service:	3 years, 2 months, 14 days
h. Total Service:			3 years, 2 months, 14 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	12B10, Combat Engineer
m. GT Score:				98
n. Education:				HS Graduate
o. Overseas Service:			SWA 
p. Combat Service:			Afghanistan (100130-110203)
q. Decorations/Awards:		NATOMDL, ARCOM, NDSM, ACM-CS, GWOTSM, 						ASR, OSR, CAB
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 19 September 2008, for a period of 3 years and 18 weeks.  He was 17 years old at the time of entry and was a high school graduate.  He was serving at Fort Campbell, KY when his discharge was initiated.  The service record also shows the applicant received several awards including a NATOMDL, ARCOM, ACM-CS, GWOTSM, and a CAB.  He served a one year combat tour in Afghanistan. 

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct-abuse of illegal drugs, specifically for wrongfully using and possessing marijuana (110703-110405).

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 30 November 2011, the applicant consulted with 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 the separation with a general, under honorable conditions discharge.  

4.  On 5 December 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 discharged from the Army on 12 December 2011, for misconduct (drug abuse), under the provisions of AR 635-200, paragraph 14-12c(2), with an SPD Code of JKK, and an RE code of 4.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Field Grade Article 15 imposed on 5 October 2011, for wrongfully using marijuana (110404), and wrongfully possessing some amount of marijuana (110403-110405); his punishment consisted of reduction to the grade of E-1, forfeiture of pay in the amount of $733.00 pay (suspended until 120405); and 45 days of extra duty.  

2.  Several sworn statements which were allied documents of a CID investigation pertaining to the following offenses the applicant was the suspect of:  wrongful use/possession/introduction/distribution of a controlled substance (marijuana).   

3.  One negative counseling statement dated, 15 September 2011, addressing the applicant’s separation out processing procedures from the Army.

EVIDENCE SUBMITTED BY THE APPLICANT:

1.  A DD Form 214.

2.  A memorandum from the Department of VA reflecting the decision made on a claim pertaining to the applicant’s contention of PTSD with allied documents.  The decision determined that the appellant’s PTSD condition worsened, and he was granted a 70% overall rating, effective 23 August 2012. 

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 service record and the issue 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 service below that meriting an honorable discharge.  His record of service was marred by an Article 15 and a negative counseling statement for violations of the Uniform Code of Military Justice.

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 that after returning from a combat deployment he developed some adjustment issues and turned to marijuana to alleviate his problems.  The Veterans Administration granted him a service connected disability for Post-Traumatic Stress Disorder (PTSD).  However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted.  The record shows that on 7 November 2011, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  

5.  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.  

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

7.  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:  18 October 2013     Location:  Washington, DC

Did the Applicant Testify?  No 

Counsel:  No

Witnesses/Observers:  NA 

Board Vote:
Character Change:  1	No Change:  4
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)		AR20130007204



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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