IN THE CASE OF:  	Mr. 

      BOARD DATE:  	18 December 2013

      CASE NUMBER:  	AR20130009504
___________________________________________________________________________

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 now understands the consequences for breaching an enlistment contract and the limitations placed on one for doing so.  Obtaining a civilian supervisor position with a drug use discharge is unattainable.  The reason he used marijuana was to relax, but he should have talked to a counselor to get help.  He didn’t make the right choices essentially, because of pride as an NCO.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		17 May 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			15 June 2010
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, 14-12c(2) 						JKK, RE-4        
e. Unit of assignment:			46th Chem Co, 2nd Chem Bn, 48th Chem Bde, Fort 						Hood, TX
f. Current Enlistment Date/Term:	16 August 2007, 6 years 
g. Current Enlistment Service:	2 years, 9 months, 30 days
h. Total Service:			8 years, 10months, 28 days
i. Time Lost:				None
j. Previous Discharges:		RA/010718-030927/HD										RA/030928-051127/HD										RA/051128-070815/HD
k. Highest Grade Achieved:		E-5	
l. Military Occupational Specialty:	74D10, Chemical Operations Specialist
m. GT Score:				87
n. Education:				HS Graduate
o. Overseas Service:			Korea, SWA
p. Combat Service:			Iraq (030324-040327), (071216-090309)
q. Decorations/Awards:		ARCOM-4, AAM-2, ICM-2CS, AGCM, KDSM							GWOTEM, GWOTSM, NOPDR, ASR, OSR-4 		
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes
t. Counseling Statements:		Yes	
u. Prior Board Review:			No



SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 18 July 2001, for a period of 3 years.  He was 18 years old at the time of entry and was a high graduate.  He was serving at Fort Hood, TX when his discharge was initiated.  He achieved the grade of E-5, and reenlisted on three different occasions.  The service record also shows the applicant received several awards including an ARCOM, AAM, AGCM, NDSM, KDSM, GWOTEM, GWOTSM, and four OSRs.  He served two combat tours in Iraq.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence shows that on 27 May 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for commission of a serious offense, specifically for testing positive for marijuana on a unit urinalysis conducted on 22 March 2010, and 3 May 2010.

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 2 June 2010, the applicant waived the opportunity to consult with legal counsel.  He also waived consideration of his case by an administrative separation board, and waived personal appearance before an administrative separation board.  He did not submit a statement on his 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 the separation 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 was discharged from the Army on 15 June 2010, for misconduct (drug abuse), under the provisions of AR 635-200, paragraph 14-12c(2), with 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 are 2 positive urinalysis reports contained in the record:
 	
      IU, Inspection Unit, 22 March 2010, marijuana 
	IU, Inspection Unit, 3 May 2010, marijuana, 

2.  Article 15, dated 15 April 2010, wrongful use of marijuana between 23 February 2010 and 22 March 2010.  The punishment consisted of reduction to E-4, forfeiture of $1146.00 pay for two months (suspended until 11 October 2010), extra duty for 45 days, and restriction for 45 days (suspended until 11 October 2010) (FG).   

3.  Article 15, dated 24 May 2010, for wrongfully using marijuana between 4 April 2010 and 3 May 2010.  The punishment consisted of a reduction to E-1, forfeiture of $723.00 for two months, extra duty for 45 days, and restriction for 45 days, all suspended until 19 November 2010 (FG).

4.  Developmental Counseling Form dated 6 April 2010, for positive drug test results for marijuana on 22 March 2010.  The applicant was command referred to ASAP immediately.

5.  Developmental Counseling Form dated 11 May 2010, for positive drug test results for marijuana (second offense), on 3 May 2010, and ASAP failure.  

6.  Six NCOERs covering rating periods from March 2004 through 31 October 2009.  All of the evaluations reflected successful reports.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 dated 8 May 2013, and a DD Form 214.

POST-SERVICE ACTIVITY: 

None were 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 service record and the issue 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 two Articles 15, for testing positive for use marijuana, and two negative counseling statements.

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, in effect, that he now understands the consequences of his discharge and the poor choice he made based on his personal issues.  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 contends that obtaining a civilian supervisor position with a drug-use discharge is unattainable.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

6.  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:  18 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:	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)		AR20130009504

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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