IN THE CASE OF:  	Mr. 

      BOARD DATE:  	18 December 2013

      CASE NUMBER:  	AR20130008022
___________________________________________________________________________

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 general, under honorable conditions discharge to honorable.
 
2.  The applicant states, in effect, that during his time in the Army, he was taught many values of Duty, Honor, Selfless Service and loyalty.  He let his country down during a traumatic time in his life and used prescription medication to cope with traumatic issues that faced his family and himself.  He was still a loyal Soldier.  He lives the Army values everyday and lives his life with regret that he broke that trust.  Since his discharged, he has graduated from the Great Oaks Police Academy and currently is a police officer for the Village of Manchester Ohio.  In August 2013, he will graduate with his degree in Criminal Justice.  He used his mistake as a turning point in his life to make a difference in other people lives.  He still feels as though he owes his country the thing that he caused to be taken away.  He would like to fulfill that obligation he made as a young man by serving in the US Army Reserves.  He lives by a quote every day, "A man should never be ashamed to own that he is wrong, which is but saying in other words that he is wiser today than he was yesterday" Alexander Pope.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		24 April 2013	
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			12 February 2011	
d. Reason/Authority/SPD/RE Code:	Misconduct (Drug Abuse), AR 635-200, 14-12c(2), 						JKK, RE-4	
e. Unit of Assignment:			Headquarters Company, Garrison, Fort Knox, 							KY	
f. Current Enlistment Date/Term:	2 October 2007, 6 years 
g. Current Enlistment Service:	3 years, 14 months, 10 days
h. Total Service:			9 years, 5 months, 14 days
i. Time Lost:				None
j. Previous Discharges:		RA (010829-031211), HD										RA (031212-071001), HD
k. Highest Grade Achieved:		E-6
l. Military Occupational Specialty:	12B30, Combat Engineer
m. GT Score:				118
n. Education:				HS Graduate	
o. Overseas Service:			Korea
p. Combat Service:			None
q. Decorations/Awards:		AAM-3, AGCM-3, NDSM, GWOTSM, KDSM, 							NPDR-2, ASR, OSR, ASUA
r. Administrative Separation Board: 	No	
s. Performance Ratings:		Yes
t. Counseling Statements:		Yes
u. Prior Board Review:			No


SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 29 August 2001, for a period of 3 years.  He was 18 years old at the time of entry and a high school graduate.  His record shows he reenlisted two additional times.  He was serving at Fort Knox, KY when his discharge was initiated.  He was awarded three AAMs, three AGCMs, and two NPDRs.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, paragraph 14-12c(2), for misconduct - illegal possession and use of drugs, dereliction of duties, and soliciting another to commit an offense.  The reasons for his proposed action are: He was identified in Military Police Report 03586-200-MPC032 as a subject for the following offenses; 1) possession of a controlled substance (Oxycotin), 2) use of controlled substance (Oxycotin) which was verified by urinalysis, 3) dereliction in the performance of duties as Unit Prevention Leader (UPL), and 4) soliciting another to commit an offense. 

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

3.  On 23 September 2010, the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon being retained in the Army.  The applicant 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 27 September 2010, the applicant was notified to appear before an administrative separation board and advised of his rights.  

5.  On 26 October 2010, the administrative separation board convened and the applicant appeared with counsel.  The board recommended the applicant’s discharge with characterization of service of general, under honorable conditions.
  
6.  On 10 December 2010, the separation authority approved the recommendation of the administrative separation board and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

7.  The applicant was separated on 12 February 2011, 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.               

8.  The applicant’s record does not contain any AWOL or lost time.   


EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Two DA Forms 1059, Service School Academic Reports, for the PLDC, dated 16 December 2004 and BNCOC, dated 12 December 2006. 

2.  A Standby Advisory Board (STAB), removal decision memorandum, dated 25 March 2010.  

3.  There is one positive urinalysis reports contained in the record coded as VO, Soldier Consent, 16 June 2010, oxycodone/oxymorph.

4.   A Military Police Report, dated 23 June 2010, for testing positive for Oxycotin.

5.  An AGCM disqualification memorandum, dated 8 July 2010.

6.  Results of the administrative separation board, dated 26 October 2010.

7.  On 16 December 2010, a Relief for Cause memorandum, for falsifying and forging a Judge’s signature to a court document with the intention of enlisting an applicant.

8.  Seven NCOERs (six successful) covering the period of December 2004 through June 2010.  The last NCOER covering the period July 2009 through June 2010, was a Relief for Cause.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online DD Form 293, DD Form 214, and a copy of certificate of completion from the Great Oaks Police Academy, dated 18 December 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 issues and documents 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 standards for acceptable conduct and performance of duty by military personnel.  The applicant by violating the Army's policy not to abuse alcohol, compromised the special trust and confidence placed in a NCO.  The applicant, as a NCO, had the duty to support and abide by the Army's alcohol abuse policies.  By abusing alcohol, the applicant knowingly risked a military career and diminished the quality of his 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 he let his country down during a traumatic time in his life and used prescription medication to cope with traumatic issues that faced his family and himself.  He was still a loyal Soldier.  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.  Furthermore, AR 600-85, paragraph 3-8 entitled self-referrals, states the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance.

5.  The applicant contends since he was discharged he has graduated from the Great Oaks Police Academy and currently is a police officer for the Village of Manchester Ohio.  In August 2013, he will graduate with his degree in Criminal Justice.  He used his mistake as a turning point in his life to make a difference in other people lives.  The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with 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 has requested a change to the reentry code in order to rejoin the Service.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on AR 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 records show the proper discharge and separation authority procedures were followed in this case.  

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:  Records Review     Date:  18 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 Condition


ADRB Case Report and Directive (cont)		AR20130008022



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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