IN THE CASE OF:  	

      BOARD DATE:  	13 November 2013

      CASE NUMBER:  	AR20130008153
___________________________________________________________________________

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 for him to receive compensation for his entire six years of service.  He contends he is a disabled veteran of two tours in Iraq and is currently enrolled in school, expecting a child, and limited to a small amount of work due to his disabilities/injuries received while deployed.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		30 April 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			13 March 2012
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200							Chapter 14, paragraph 14-12c, JKQ, RE-3
e. Unit of assignment:			A Btry, 1st Bn, 41st FA Rgt, 1st HBCT, 3rd IN Div 						Fort Stewart, GA
f. Current Enlistment Date/Term:	16 November 2008, 6 years 
g. Current Enlistment Service:	3 years, 3 months, 8 days
h. Total Service:			5 years, 10 months, 12 days
i. Time Lost:				None
j. Previous Discharges:		RA-060502-081115/HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	13B10, Cannon Crewmember 
m. GT Score:				121
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (070117-080401 and 091216-101208)
q. Decorations/Awards:		ARCOM-2, ICM-w/3CS, NDSM, GWOTSM, ASR 						OSR-2, MUC
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 2 May 2006, for a period of 4 years and 16 weeks.  He was 18 years old at the time of entry and a high school graduate.  On                   16 November 2008, he reenlisted for a period of 6 years.  His record indicates he served two periods of combat in Iraq; earned several awards to include two ARCOM's and MUC; and achieved the rank of SPC/E-4.  He completed a total of 5 years, 10 months, and 12 days of active military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 21 December 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct-abuse of illegal drugs for wrongfully using cocaine between (111119 and 111122) and driving under the influence (110724).

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 27 December 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action and indicated his intentions to submit a statement on his own behalf, which was not found in the record.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  

4.  On 21 February 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions under the provision of Chapter 14, paragraph14-12c, AR 635-200, for misconduct-abuse of illegal drugs.

5.  The applicant was discharged from the Army on 13 March 2012, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), with a Separation Program Designator code (SPD) of JKQ and an RE code of 3. 

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A Military Police Report, dated 19 May 2008, that indicates the applicant was the subject of an investigation for failure to obey a lawful order (driving on post revocation).

2.  A Chatham County Sheriff's Department Police Report, dated 21 November 2009 that indicates the applicant was the subject of an investigation for failure to register an automobile, speeding, altering a license plate, reckless driving, no permit, and no proof of insurance.  

3.  A Hunter Police Desk Blotter, dated 24 July 2011 that indicates the applicant was charged for wrongful damaging of government property and public drunkenness.

4.  A Chatham County Sheriff's Department Police Report, dated 24 July 2011 that indicates the applicant was the subject of an investigation for driving under the influence with a blood alcohol of .08.

5.  There is a positive urinalysis report contained in the record coded; IR (Inspection Random),       22 November 2011, cocaine.

6.  A negative counseling statement, dated 24 July 2011, for being charged with DUI on          24 July 2011.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and two letter character reference letters.

POST-SERVICE ACTIVITY: 

The applicant states he is currently enrolled in school and expecting a child. 

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 repeated incidents of violations of the Uniform Code of Military Justice and negative counseling statements for DUI.

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 is a disabled veteran of two tours in Iraq and is currently enrolled in school, expecting a child, and limited to a small amount of work due to his disabilities/injuries received while deployed.  The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct or by the negative counseling statement for DUI.

5.  Furthermore, 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.  Additionally, the service record indicates that someone in the discharge process erroneously entered the reason for separation as misconduct (serious offense), authority as AR 635-200, paragraph 14-12c, SPD code of JKQ, and RE code of 3.  However, the separation authority approved the discharge under the provisions of AR 635-200, paragraph 14-12c, for misconduct-abuse of illegal drugs.

7.  Therefore, the characterization of service being both, proper and equitable, recommend the Board deny relief.  However, notwithstanding the propriety of the applicant's discharge, recommend the Board make the following administrative changes:  
      
      a. change block 25, separation authority to AR 635-200, paragraph 14-12c(2),
      b. change block 26, separation code to JKK,
      c. change block 27, reentry code to 4,
      d. change block 28, narrative reason for separation to Misconduct (Drug Abuse).    

8.  Except for the foregoing modifications, the narrative reason for discharge was both proper and equitable.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review	    Date: 13 November 2013       Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

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:		No Change
Change RE Code to:			No Change
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)		AR20130008153



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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