IN THE CASE OF:  	

      BOARD DATE:  	15 November 2013

      CASE NUMBER:  	AR20130008993
___________________________________________________________________________

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 to be 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, he was a good performer, however he was immature.  He contends he made a mistake and smoked marijuana once.  He contends he has matured and is not the same person who made such a poor decision.  He states his discharge has made it difficult for him to find employment and he believes his discharge should reflect his character now.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			9 March 2013			
b. Discharge Received:			General, Under Honorable Conditions		
c. Date of Discharge:				23 October 2001				
d. Reason/Authority/SPD/RE Code:		Misconduct, AR 635-200, Chapter 14-12c 
JKQ, RE-3
e.	Unit of assignment:				68th Medical Company, Fort Wainwright, AK
f.	Current Enlistment Date/Term:		12 November 1998, 6 years
g.	Current Enlistment Service:		2 years, 11 months, 12 days
h.	Total Service:				2 years, 11 months, 12 days
i.	Time Lost:					None
j.	Previous Discharges:			None
k.	Highest Grade Achieved:			E-4
l.	Military Occupational Specialty:		68N10, Avionic Mechanic
m.	GT Score:					NIF
n.	Education:					GED
o.	Overseas Service:				NIF
p.	Combat Service:				NIF
q.	Decorations/Awards:			ASR, OSR
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 12 November 1998, for a period of 6 years.  He was 18 years old at the time and had a General Equivalency Diploma (GED).  His record is void of any significant achievements or acts of valor.  He completed 2 years and 11 months, and 12 days of military service.  When discharge proceedings were initiated, he was serving at Fort Wainwright, Alaska.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record shows that on a unknown date, 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 (serious offense), for wrongful use of  marijuana.

2.  Based on the above misconduct, the unit commander recommended an general, under honorable conditions discharge and advised the applicant of his rights.

3.  On 26 September 2001, the applicant consulted with legal counsel, was advised of the impact of the discharge action and he did not submit a statement on his behalf.  The unit commander subsequently recommended separation from the Army with a general, under honorable conditions discharge and waiver of further rehabilitative efforts.  

4.  On 1 October 2001, 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 separated on 23 October 2001, under Army Regulation 635-200, Chapter 14-12c, with a general, under honorable conditions discharge, an SPD code 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.  Article 15, dated 6 August 2001, for wrongful use of marijuana, a controlled substance.  The punishment consisted of reduction to the grade of E-1, forfeiture of $525 pay (suspended), 45 days of extra duty and restrictions to the limits as designated by the first sergeant (1SG) (FG).

2.  There is a positive urinalysis noted in the record for THC dated 8 June 2001.  The basis of the test was probable cause (PO).

3.  A negative counseling statement dated, 11 June 2001, for a positive urinalysis test results.

EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided the following documents in support of his petition:

     a.  DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) dated, 28 March 2012.

     b.  D Form 214 (Certificate of Release or Discharge from Active Duty).

 POST-SERVICE ACTIVITY: 

The applicant did not provide any in support of his petition.

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 of his service below that meriting a general or a fully honorable discharge.  The applicant’s record of service was marred by a positive urinalysis, a negative counseling statement, and a FG Article 15.

3.  The applicant contends that he only smoked marijuana once.  However, even though 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 that 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.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 

4.  The applicant contends he was immature, but a good performer at the time of the discharge.  The record shows the applicant met entrance qualification standards to include age.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

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

6.  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.

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:	15 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 RE Code to:			No Change
Grade Restoration to:			NA
Change Authority for Separation:		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)		AR20130008067



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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