IN THE CASE OF:  	Mr. 

      BOARD DATE:  	11 December 2013

      CASE NUMBER:  	AR20130007344
___________________________________________________________________________

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 discharge and a change of the RE code from 4 to 3.

2.  The applicant states, in effect, that he was a good Soldier and was discharged due to an accidental ingestion of drugs in a cookie.  His unit commander agreed that it was accidental so only reduced him one rank; however, since the Army has a zero tolerance for drugs he was discharged.  He would like to enter the Army again and would like the chance to prove himself.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		15 April 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			9 March 2012
d. Reason/Authority/SPD/RE Code:	Misconduct (Drug Abuse), AR 635-200, Chapter 
   14-12c/JKK/4
e. Unit of assignment:			63 DAMMO CONVL, JBLM, WA
f. Current Enlistment Date/Term:	17 February 2010/5 years
g. Current Enlistment Service:	2 years, 23 days
h. Total Service:			4 years, 8 months, 9 days
i. Time Lost:				None
j. Previous Discharges:		ARNG (070629-071113), NA
ADT (071114-080424), UNC
ARNG (080425-090107), HD
RA (090108-100216), HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	89B10, Ammunition Specialist
m. GT Score:				111
n. Education:				GED
o. Overseas Service:			SWA
p. Combat Service:			Iraq (090930-100807)
q. Decorations/Awards:		AAM-2, AGSM, NDSM, GWOTSM, ICMw/CS 
   NCOPD, ASR, OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		None
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 8 January 2009 for a period of 3 years after serving in the ARNG for a total of 1 year and 28 days.  He was 27 years old at the time of entry and had a GED.  He served in Iraq and JBLM, WA.  He earned two AAM’s and completed       2 years and 23 days of active duty service for the period under review.  He completed a total of 4 years, 8 months, 9 days of military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 1 February 2012, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c (2).  Specifically for:

     Misconduct-Abuse of illegal Drugs; tested positive for use of marijuana on 11 October 2011.

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

3.  On 15 February 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement in 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.  The separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions, on an unspecified date.  

5.  The applicant was separated on 9 March 2012, under Army Regulation 635-200, Chapter 14-12c (2), 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 contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.   There are one positive urinalysis reports contained in the record:
	
      IU, Inspection Unit, 11 October 2011, marijuana

2.  Article 15, dated 29 December 2011, wrongful use of marijuana on or about 11 September 2011 to on or about 11 October 2011.  The punishment consisted of reduction to the grade of E-3, forfeiture of $975 (suspended), 45 days of extra duty (FG) 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293.


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.

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.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of “JKK” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12c (2), Misconduct (Drug Abuse).

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of “JKK” will be assigned an RE Code of 4.

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, 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 an Article 15 for wrongfully using marijuana in violation 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 desires to rejoin the Military Service.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 4.  An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 

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

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 December 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)		AR20130007344



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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