IN THE CASE OF:  	Mr. 

      BOARD DATE:  	13 December 2013

      CASE NUMBER:  	AR20130009324
___________________________________________________________________________

Board Determination and Directed Action

1.  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.  

2.  However, notwithstanding the propriety of the applicant’s discharge, the Board found that the applicant’s DD Form 214, block 25, 26, 27, and 28 contains erroneous entries in the separation authority, separation code, reentry code, and narrative reason.    

3.  In view of the errors, the Board directed administrative corrections to block 25, separation authority to AR 635-200, paragraph 14-12b, Block 26, separation code to JKA, block 27, reentry code to 3, and block 28, narrative reason for separation to Pattern of Misconduct. 





      
      
      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 general, under honorable conditions discharge to honorable.
 
2.  The applicant states, in effect, that he wishes to have his DD Form 214 be upgraded based on the fact that discharge was inequitable.  It was based on one isolated incident of drugs and twice for fighting in 36 months of service with no other adverse action.  He has learned from his mistakes while on duty.  While on duty the Army gave him the drive to get things done.  He is submitting two certificates for classes that he had taken while in the service to help his unit complete missions. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		10 May 2013	
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			19 September 2011	
d. Reason/Authority/SPD/RE Code:	Misconduct (Drug Abuse), AR 635-200, 14-12c(2), 						JKK, RE-4	
e. Unit of Assignment:			HHB, 3rd Battalion, 27th Field Artillery Regiment 						(HIMARS), Fort Bragg, NC	
f. Current Enlistment Date/Term:	26 June 2008, 4 years, 20 weeks
g. Current Enlistment Service:	3 year, 2 months, 21 days
h. Total Service:			3 years, 2 months, 21 days
i. Time Lost:				3 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	42A10, Human Resources Specialist
m. GT Score:				94
n. Education:				HS Graduate	
o. Overseas Service:			Korea
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, KDSM, ASR, OSR, MUC
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 26 June 2008, for a period of 4 years and 20 weeks.  He was 18 years old at the time of his enlistment and was a high school graduate.  He was assigned to Fort Bragg, NC when his discharge proceedings were initiated.  
The applicant’s record does not show any significant achievements or acts of valor.  


SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 4 August 2011, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, paragraph 14-12c, for misconduct (commission of a serious offense), specifically for the following offenses:

	a.  Testing positive for marijuana (THC) on 1 March 2010.
	b.  Failing to report on divers occasions (110708, 110706, 110630, 110613, 110609, 	   	     110607, 110602, 110526, 110525, 110204, and 110104)
	c.  Derelict in the performance of his duties (110502)
	d.  Failing to maintain a clean barracks room (110104)
	e.  Making a false official statement (110714)
	f.  Being arrested for simple assault (110605)

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

3.  On 4 August 2011, 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 of a general, under honorable conditions discharge.

4.  On 8 August 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 separated on 19 September 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 includes three days of lost time for being AWOL.    

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A confirmation report of a biochemical test, dated 15 March 2011, which indicates a positive urinalysis for marijuana (THC).  The report shows the test was coded IR (Inspection Random) and the sample was collected on 1 March 2011.  

2.  Field Grade Article 15 imposed on 29 April 2011, for wrongful use of marijuana between 
30 January 2011 and 1 March 2011.  The punishment consisted of reduction to the grade of 
Private E-1, forfeiture of pay in the amount of $733.00 for two months; extra duty and restriction for 45 days.  

3.  Numerous counseling statements covering the period from 10 May 2010 through 14 July 2011, for a positive urinalysis, safety counseling, failing to report, marriage counseling, monthly performance counseling, failing to be in the proper uniform (Class B’s), being arrested for simple assault, lying to a NCO, substandard barrack’s room, and substandard performance.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, DD Form 214, and two certificates of training.  

POST-SERVICE ACTIVITY: 

None stated by the applicant.

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, 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 service 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.  By his misconduct the applicant diminished the quality his service below that meriting an honorable discharge.  

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 inequitable because it was based on one isolated incident of drugs and twice for fighting in 36 months of service with no other adverse action.  He has learned from his mistakes.  Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  In addition, the record shows the applicant received numerous counseling statements for not performing to Army standards.  

5.  The applicant submitted two certificates for classes that he had taken while in the service to help his unit complete missions.  The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct or by the multiple negative counseling statements and the documented actions under Article 15 of the Uniform Code of Military Justice.

6.  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.  

7.  However, the service record indicates that someone in the discharge process erroneously entered the reason for separation as misconduct (drug abuse), authority as AR 635-200, paragraph 14-12c(2), SPD code of JKK, and RE code 4.  The separation authority approved the discharge under the provisions of AR 635-200, paragraph 14-12b, for a pattern of misconduct.  

8.  Therefore, the characterization of service being both, proper and equitable, recommend the Board deny relief.  However, recommend the Board make the following changes:  

	a.  change block 25, separation authority to AR 635-200, paragraph 14-12b
	b.  change block 26, separation code to JKA
	c.  change block 27, reentry code to 3
	d.  change block 28, narrative reason for separation to Pattern of Misconduct. 




SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review    Date:  13 December 2013       Location: Washington, DC

Did the Applicant Testify?  NA

Counsel: None

Witnesses/Observers: NA

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

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




















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)		AR20130009324



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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