IN THE CASE OF:  	Mr. 

      BOARD DATE:  	22 January 2014

      CASE NUMBER:  	AR20130008845
___________________________________________________________________________

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 characterization from general, under honorable conditions to fully honorable.

2.  The applicant states, in effect, he made one mistake and now he is paying for it.  The stigma continues to haunt him.  Since his discharge, he has tried to become a productive citizen.  While in the service, he took his punishment and thought he may have be able to stay in the military.  His first sergeant wanted him to stay in, but the commander could not allow his retention due to the regulations.  This incident was the only time he was in trouble.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		6 May 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			13 June 2011
d. Reason/Authority/SPD/RE Code:	Misconduct (Drug Abuse), AR 635-200, 14-12c (2) 							JKK, RE-4        		
e. Unit of assignment:			Infantry School Ranger Training, 4th Bn, Ft Benning 
      GA
f. Current Enlistment Date/Term:	13 May 2009, 4 years (NIF)
g. Current Enlistment Service:	2 years, 1 month
h. Total Service:			3 years, 9 months, 29 days
i. Time Lost:				None
j. Previous Discharges:		USAR 070815-070823, NA
RA 070824-090512, HD (NIF)
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	11B10, Infantryman
m. GT Score:				109
n. Education:				HS Transcript
o. Overseas Service:			SWA
p. Combat Service:			Iraq
q. Decorations/Awards:		ARCOM, AAM, MUC, AGCM, NDSM, GWOTSM 
   ICMw/CS, ASR, OSR, EIB
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 24 August 2007 for a period of 3 years and      17 weeks.  He was 18 years old at the time of entry and had a high school transcript.  He served in Iraq and Fort Benning, GA.  He earned an ARCOM, an AAM, a MUC, the ICM and the EIB and completed 2 years and 1 months of active duty service for the period under review.  He completed a total of 3 years, 9 months and 29 days of military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On or about 3 May 2011, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, chapter 14-12c(2), misconduct-abuse of illegal drugs.  Specifically for:

     Wrongfully used Amphetamine, a Schedule II controlled substance.

2.  Based on the above misconduct, the commander recommended a general, under honorable conditions discharge.

3.  On 8 May 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement in 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 an unspecified date, the separation authority approved and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 24 June 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. 

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.   There is one positive urinalysis report contained in the record:
	
      IU, Inspection Unit, 3 January 2011, Amphetamine

2.  Article 15, dated 10 February 2011, wrongfully use Amphetamine a schedule II controlled substance on or about 31 December 2010 and 3 January 2011.  The punishment consisted of reduction to the grade of E-1, forfeiture of $733 pay per month for two months), 45 days of extra duty and restriction (FG) 

3.  One negative counseling statement, dated 20 January 2011, for testing positive on an urinalysis; ordered to stop drinking; and, enroll in ASAP.
      

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149, DD Form 214, three letters of support and a copy of a North Carolina criminal record search.

POST-SERVICE ACTIVITY: 

None were stated.  

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 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.  By the misconduct, the applicant diminished the quality his service below that meriting a general or a fully honorable discharge.  The applicant’s record of service was marred by an Article 15 for use of a controlled substance in violation of the Uniform Code of Military Justice.

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 the incident that caused his discharge was the only one in his entire Army career.  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 incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  

5.  The third party statements provided with the application speak highly of the applicant’s performance.  They all recognize his good conduct while in the Army and after his discharge; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant’s chain of command.  As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity.

6.  The records show the proper discharge and separation authority procedures were followed in this case. 

7.  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:  22 January 2014     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 Conditions


ADRB Case Report and Directive (cont)		AR20130008845



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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