IN THE CASE OF:  	Mr. 

      BOARD DATE:  	13 November 2013

      CASE NUMBER:  	AR20130008851
___________________________________________________________________________

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 he would like an upgrade of his discharge for the purpose of improving his opportunities for employment.  He contends it has been almost two years since his discharge and he believes he has been punished for his action of failing a drug urinalysis test.  He feels his punishment was harsh, but he accepted it and moved on with his life.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		6 May 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			28 September 2012
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, Chapter 14,						paragraph 14-12c(2), JKK, RE-4
e. Unit of assignment:			A Co, 24th BSB, 170th IN BCT, APO AE
f. Current Enlistment Date/Term:	27 January 2009, 4 years
g. Current Enlistment Service:	2 years, 5 months, 1 day
h. Total Service:			2 years, 5 months, 1 day
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	92A10, Automated Logistical Specialist
m. GT Score:				95
n. Education:				HS Graduate
o. Overseas Service:			Germany, Southwest Asia
p. Combat Service:			Afghanistan (110306-110510)
q. Decorations/Awards:		ACM-w/CS, NDSM, 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 27 January 2009, for a period of 4 years.  He was 19 years old at the time of entry and a high school graduate.  He served in Germany and Afghanistan and achieved the rank of SPC/E-4.  The record does not contain any evidence of acts of valor or meritorious achievements.  He completed a total of 2 years, 5 months, and 1 day of total military service. 
SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 2 May 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 the wrongful use of marijuana.

2.  Based on the above misconduct, the unit commander recommended the applicant be retained in the United States Army.  The applicant was advised of his rights.

3.  On 6 May 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, if entitled to an administrative separation board the applicant voluntarily waived consideration of his case by an administrative separation board, contingent upon being retained in the United States Army.  The applicant was not entitled to an administrative board and did not submit a statement on his own behalf.  The unit commander subsequently recommended the applicant be retained in the Army.  The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge and that the discharge; be suspended for a period of 12 months (not to exceed       12 months).  

4.  On 11 May 2011, 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 27 June 2011, 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), with a Separation Program Designator code (SPD) 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 a positive urinalysis report contained in the record coded; IU (Inspection Unit),       14 February 2011, marijuana.

2.  Article 15, imposed on 16 April 2011, for the wrongful use of marijuana between (110115 and 110214).  The punishment consisted of reduction to the grade of E-2 (suspended), forfeiture of $822.00 pay per month for two months; $411.00 pay per month for two months (suspended), and extra duty for 45 days (FG).

3.  A counseling statement, dated 27 March 2011, for a positive urinalysis test, failure to obey order of regulation, and wrongful use, possession of a controlled substance.



EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293.

POST-SERVICE ACTIVITY: 

None 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 record of service, his military records, the document 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 an Article 15 for violation of the Uniform Code of Military Justice and a negative counseling statement.]

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 it has been almost two years since his discharge and he believes he has been punished for his action.  However, the US Army does not have, nor has it ever had, a policy to upgrade a discharge based on time elapsed since the discharge.  Each case is decided on its own merits based on all factors contained in the official record or as submitted by the applicant.  Changes may be warranted if the Board determines the characterization of service or the reason for discharge or both were improper or inequitable.

5.  The applicant contends that an upgrade of his discharge will improve his opportunities for employment.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

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:  13 November 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 Conditions


ADRB Case Report and Directive (cont)		AR20130008851



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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