IN THE CASE OF:  	Mr. 

      BOARD DATE:  	30 October 2013

      CASE NUMBER:  	AR20130008393
___________________________________________________________________________

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.  He states, in effect, due to being deployed to Afghanistan his wife left him when he came home and he turned to drugs and alcohol.  During all his years of service he never used drugs or alcohol until his combat deployment caused him not to care about anything or anyone.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		29 April 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			19 August 2010
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, Chapter 14, 						paragraph 14-12c(2), JKK, RE-4
e. Unit of assignment:			F Company, 2-87th Infantry Regiment, 3rd Brigade 						Combat Team, Fort Drum, NY
f. Current Enlistment Date/Term:	26 September 2007, 4 years and 16 weeks
g. Current Enlistment Service:	2 years, 10 months, 24 days
h. Total Service:			16 years, 4 months, 2 days; specific dates for all 						periods of service were not contained in the available 						record
i. Lost time:				None
j. Previous Discharges:		USAR-(840600-840600)/NA									IADT-(840600-840800)/NA										USAR-(840800-850600/NA									ADT-(850600-850800)/NA										USAR (850800-860223)/NA									ARNG (860224-930400/HD									USARCG-930400-931229/NA									RA-931230-971229/HD										    (Break in Service)
k. Highest Grade Achieved:		E-5
l. Military Occupational Specialty:	88M10, Motor Transport Operator
m. GT Score:				111
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Afghanistan (090101-091210)
q. Decorations/Awards:		ARCOM, AAM-4, AGCM, NDSM, ACM-W/ CS, 							GWOTSM, AFRM, NPDR, ASR, OSR, NATO MDL
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant's record shows he enlisted U.S. Army Reserve in June 1984, the period of service was not in the file.  He was 17 years old at the time of entry and a HS Graduate.  He was ordered to initial active duty training on June 1984 and upon completion returned to his unit.  He was ordered to active duty training on June 1985 and awarded military occupational specialty (MOS) 43M10, Fabric Repair Specialist; he then returned to his unit and was discharged 23 February 2006; the characterization of service was not in the file.  The applicant's record shows he enlisted in the Army National Guard on 23 February 2006, the period of service was not in the file.  He was 23 years old at the time of entry and a HS Graduate.  He was trained in and awarded military occupational specialty (MOS) 19E30, Armor Crewman.  He was discharged in April 1993 with an honorable discharge and was transferred to the USARCG on 29 December 1993.  The applicant's record shows he enlisted in the Regular Army on 30 December 1997, for a period of 4 years.  He was 26 years old at the time of entry and a HS Graduate. He was trained in and awarded military occupational specialty (MOS) 14T10, Patriot Missile Crewmember. His record does not show any combat service; however, he earned an AAM-4, AGCM and achieved the rank of SPC/E-4.  He was discharged on 29 December 1997 with an honorable characterization of service.  Specific dates for all periods of service were not contained in the available record.  It appears the applicant had a break in service until 25 September 2007.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates on 28 July 2012, 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 of misconduct-commission of a serious offense, for wrongfully using cocaine (100227-100302).

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 1 August 2012, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf waived right to admin sep board.  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 waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

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

6.  The applicant was discharged from the Army on 19 August 2010, 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 (drug abuse), a Separation Program Designator code (SPD) of JKK and an RE code of 4. 

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  An Article 15, dated 13 April 2010 for wrongfully using cocaine (100227-100302); the punishment consisted of reduction to E-4, forfeiture of $1,147 pay x 2 months, extra duty for 45 days and restriction for 45 days, (FG).

2.  He received a negative counseling statement, dated 19 March 2010, for positive urinalysis results. 

3.  The record contains an NCOER covering the period 1 September 2009 through 19 March 2010, which the applicant was rated as “Marginal.”

4.  The record of evidence also contains a positive urinalysis report coded IU (Inspection Unit), dated 14 March 2012, for cocaine.

5.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 20 July 2010 which indicated the applicant was psychiatrically cleared for any administrative action and completed the Army Substance Abuse Program (ASAP).

6.  A CID Report of Investigation, dated 29 March 2010 revealed the applicant was under investigation for wrongfully using cocaine.

EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant provided a DD Form 293, National Personnel Records Center documents (two pages), and two DD Forms 214.

POST-SERVICE ACTIVITY: 

The applicant did not provide any 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 record of service, his military records, 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 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 NCO.  The applicant, as a NCO, 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 a Field Grade Article 15, a negative counseling statement, a marginal NCOER, a positive urinalysis report, and a CID Report of Investigation.

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance.

4.  The applicant contends due to being deployed to Afghanistan his wife left him when he came home and he turned to drugs and alcohol.  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.  The applicant further contends during all his years of service he never used drugs or alcohol until his combat deployment caused him not to care about anything or anyone.  Although an isolated 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 an isolated incident provides the basis for a characterization.  The applicant's isolated incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  

6.  Further, the record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  

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:  30 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	UOTHC - Under Other Than


ADRB Case Report and Directive (cont)		AR20130008393



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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