IN THE CASE OF:	Mr. 

      BOARD DATE:  	6 November 2013

      CASE NUMBER:  	AR20130008376
___________________________________________________________________________

Board Determination and Directed Action

1.  After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the examiner’s Discussion and Recommendation that follows, the Board determined that the characterization of service was both proper and equitable and voted to deny relief.  

2.  Further, the Board voted to change the applicant’s reason for discharge, authority, separation code, and reentry code on the basis of equity as it had been approved by the separation authority.  The Board directed the DD Form 214 be reissued with the following changes:

      a. block 25, separation authority changed to AR 635-200, paragraph 14-12c
      b. block 26, separation code changed to JKQ
      c. block 27, reentry code changed to 3
      d. block 28, narrative reason for separation changed to Misconduct (Serious Offense) 

3.  Except for the foregoing modifications, the Board determined the discharge was both proper and equitable.




      
      
      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 to upgrade his characterization of service from general, under honorable conditions to fully honorable, or to change the narrative reason for his discharge.

2.  The applicant states, in effect, his request for an upgrade because his discharge was PTSD related.  The medications prescribed him by the therapist were debilitating and as a result affected his performance.  His discharge was also based upon one isolated incident while prior to the incident, he was a model Soldier.  He believes he should be recognized for his veteran services from February 2003 to September 2003.  If his discharge cannot be changed to honorable, he requests to change his discharge to “CIWD, EPTS, or HDSP.
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	29 April 2013
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	20 May 2004
	d.	Reason/Authority/SPD/RE Code:	Misconduct, AR 635-200, Paragraph 14-12c(2) 
			JKK, RE-4
	e.	Unit of assignment:	HHC, 3rd Bn, 58th Aviation Regiment, 12th Aviation 
			Bde, APO AE  01982 
	f.	Current Enlistment Date/Term:	2 October 2001, 3 years 
	g.	Current Enlistment Service:	2 years, 7 months, 19 days 
	h.	Total Service:	2 years, 7 months, 19 days 
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	52D10, Power Generator Equipment Repairer
	m.	GT Score:	105
	n.	Education:	GED
	o.	Overseas Service:	Germany 
	p.	Combat Service:	None
	q.	Decorations/Awards:	NDSM; GWOTEM; GWOTSM; ASR
	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 October 2001, for a period of 3 years.  He was 18 years old at the time of entry and had a high school equivalency (GED).  He was trained in and awarded military occupational specialty (MOS) 52D10, Power Generator Equipment Repairer.  His record documents no acts of valor or significant achievement.  He completed 2 years, 7 months, and 20 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 28 May 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason misconduct (serious offense).  Specifically for the following offenses:  

a. receiving a FG Article 15 for wrongfully using marijuana, a violation of Article 112a, UCMJ
b. being counseled for failing to report to his appointed place of duty, a violation of Article 86, UCMJ
c. being counseled for disrespecting an NCO, a violation of Article 92, UCMJ

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 7 May 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action and 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 12 May 2004, 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 20 May 2004, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct, a Separation Program Designator code (SPD) of JKK and an RE code of 4. 

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There is a positive urinalysis reports contained in the record:  IU, Inspection Unit, 15 December 2004, marijuana.

2.  Article 15, dated 10 March 2004, for wrongfully using marijuana (031215).  The punishment consisted of reduction to the grade of E-1, forfeiture of $586 per month for two months (suspended), 45 days of extra duty and restriction, (FG). 

3.  Five negative counseling statements dated between 27 January 2004 and 31 March 2004, for failing to go to his appointed place of duty; initiation of administrative separation action; and disrespecting an NCO.

4.  DD Form 2808, Report of Medical Examination, dated 14 April 2004, indicates the applicant was evaluated for the purpose of Chapter 14 separation.  DD Form 2807-1, Report of Medical History, dated 17 March 2004, indicates the applicant noted for item 17g that he had been evaluated for PTSD, since August of unknown year by Dr. L.

5.  Memorandum for the commander, dated 12 March 2004, subject: Mental Status Evaluation [for the applicant], notes the findings as:  “This individual meets the retention standards as prescribed in Chapter 3, AR 40-501, and there is no psychiatric disease or defect of sufficient severity to warrant disposition through medical channels, i.e., this soldier’s mood problem is not severe enough to require a medical board, and substance abuse is not a medically boardable condition.”

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none. 

POST-SERVICE ACTIVITY: 

The applicant provided none.  

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, Paragraph 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 or a change to the narrative reason for 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 or a change to the narrative reason for his 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 violation of the Uniform Code of Military Justice and negative counseling statements.

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 his discharge was PTSD related and the medications prescribed to him were debilitating, which affected his performance.  However, the service record contains insufficient evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  Moreover, a careful review of the entire record reveals that on 12 March 2004, 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.  The applicant knew the difference between what was right and wrong as indicated by the mental status evaluation.  Further, there are many Soldiers with the PTSD condition who completed their service successfully.

5.  The applicant further contends the incident that caused his discharge was the only one in his entire Army career as he was a model Soldier prior to the incident.  Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The applicant's incidents of misconduct, which were documented actions under Article 15 and counseling statements adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  

6.  The applicant contends the narrative reason for the discharge should be changed if his discharge cannot be upgraded  However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the separation code is "JKK."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  

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.  Accordingly, 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:  6 November 2013      Location: Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

Witnesses/Observers:  NA 

Board Vote:
Character Change:  0	No Change:  5
Reason Change:	3	No Change:  2
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	No Change
Change Reason to:			Misconduct, Serious Offense
Change Authority for Separation:	AR 635-200, Chapter 14, Paragraph 14-12c
Change RE Code to:		3
Grade Restoration to:		NA
Other:  				Separation Program Designator (SPD) code JKQ



















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)		AR20130008376

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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