IN THE CASE OF:  	Mr. 

      BOARD DATE:  	7 October 2013

      CASE NUMBER:  	AR20130007554
___________________________________________________________________________

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 that 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 dealing with life problems and terrifying moments and memories and used drugs and alcohol to escape reality.  He is a hard worker and caring person and never meant to ruin his life, he apologizes for his drug abuse offense and states he would like to rejoin the military.  Since his discharge he has attended anger management classes, alcohol and drug treatment programs, is currently enrolled in school and attends church regularly.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		18 April 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			30 May 2008
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, 14-12c(2), 						JKK, RE-4        
e. Unit of assignment:			A Co, 94th Bde Spt Bn, Fort Polk, LA
f. Current Enlistment Date/Term:	20 April 2005, 4 years and 17 weeks
g. Current Enlistment Service:	3 years, 1 month, 11 days
h. Total Service:			3 years, 1 month, 11 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	88M10, Motor Transport Operator
m. GT Score:				112
n. Education:				HS graduate
o. Overseas Service:			SWA
p. Combat Service:			Afghanistan (060830-061227)									Iraq x 2 (070321-070628), (080129-080523)
q. Decorations/Awards:		NDSM, ICM, ACM, GWOTSM, ASR, OSR-3, 							NATO MDL
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 20 April 2005, for a period of 4 years and 17 weeks.  He was 20 years old at the time of entry and was a high school graduate.  When his discharge proceeding was initiated, he was serving at Fort Polk, LA.  His record documents no acts of valor or significant achievement.  He served 3 combat tours in Iraq and Afghanistan.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence shows that on 28 March 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for the commission of a serious offense; specifically for testing positive for marijuana (080117).

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 17 April 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement (counsel’s) 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 14 May 2008, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

5.  The Transition Center (TC) appropriately selected the SPD code, reentry code and reason for the discharge to execute the commander's intent which in this case was to discharge the applicant for wrongfully using an illegal drug.  Army Regulation 635-5-1 provides the authority for Transition Centers (TC) throughout the Army to execute the commanders’ intent and in this case the TC selected the appropriate reentry code, the SPD Code that identified the type of separation and the correct paragraph from AR 635-200 that corresponded with the reason for the applicant’s separation as described in the discharge packet.

6.  The applicant was discharged from the Army on 30 May 2008, for misconduct (drug abuse), under the provisions of Chapter 14, paragraph 14-12c(2), with an SPD code of JKK and a reentry code of 4.

7.  The service record does not show any unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  Field Grade Article 15, imposed on 2 May 2008, for a violation of General Order # 1, by wrongfully consuming alcohol (071219).  The punishment consisted of reduction to the grade of E-1, forfeiture of pay in the amount of $673.50 per month for 2 months, and 45 days of extra duty.



2.  Field Grade Article 15, imposed on 21 February 2008, for wrongfully using marijuana (071217-080117).  The punishment consisted of reduction to the grade of E-2, forfeiture of pay in the amount of $754.95 per month for 2 months (suspended), and 45 days of extra duty

3.  Two negative counseling’s dated 15 February 2008 and 20 April 2008, for wrongful possession of a controlled substance, disobeying a lawful order and being under the influence of alcohol.

4.  A positive urinalysis for marijuana, dated 21 February 2008, which was coded as IU (Inspection Unit).  

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant did not provide any supporting documents with his application.

POST-SERVICE ACTIVITY: 

The applicant states that since his discharge he has attended anger management classes, alcohol and drug treatment programs, is currently enrolled in school, and attends church regularly.

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 issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The record confirms that 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.  

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 he was dealing with life problems and terrifying moments and memories and used drugs and alcohol to escape reality.  However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review.  

5.  Moreover, 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.  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. 

 7.  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.  

8.  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:  Record Review        Date: 7 October 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	UOTH - Under Other Than                           			               Honorable
ADRB Case Report and Directive (cont)		AR 20130007554

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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