IN THE CASE OF:  	Mr. 

      BOARD DATE:  	4 December 2013

      CASE NUMBER:  	AR20130009741
___________________________________________________________________________

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.  He states, in effect, he served five years, completed his first term of enlistment honorably, deployed to Korea, Kuwait and Iraq and feels his service was honorable.  He would like to attend school and he earned the right to use his GI Bill.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		20 May 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			3 January 2013
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, 115th Brigade Support Battalion, 1st Brigade						Combat Team, Fort Hood, TX
f. Current Enlistment Date/Term:	8 April 2009, 5 years
g. Current Enlistment Service:	3 years, 8 months, 26 days 
h. Total Service:			5 years, 5 months, 15 days
i. Lost time:				None
j. Previous Discharges:		RA (070719-090407)/HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	92F10, Petroleum Supply Specialist
m. GT Score:				97
n. Education:				GED Certificate
o. Overseas Service:			Korea/Southwest Asia
p. Combat Service:			Iraq (110710-111231) and Kuwait (120101-120626)
q. Decorations/Awards:		ARCOM, AAM-2, AGCM, NDSM, ICM-W/CS 							GWOTEM, GWOTSM, NPDR, KDSM, ASR, OSR-2 						CERT/ACH-2
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:		

The applicant's record shows he enlisted in the Regular Army on 19 July 2007, for a period of 3 years and 22 weeks.  He was 18 years old at the time of entry with a GED Certificate.  He was trained in and awarded military occupational specialty (MOS) 92F10, Petroleum Supply Specialist.  He reenlisted on 8 April 2009 for a period of 5 years and was 20 years old at the time.  His record also shows he served two combat tours, earned several awards including an ARCOM, two AAMs, AGCM, and two certificates of achievement; and he achieved the rank of SPC/E-4.  He was serving at Fort Hood, TX when his discharge was initiated.
SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record is void of the complete facts and circumstances concerning the events which led to the discharge from the Army.  However, the record contains the separation authority’s memorandum which shows he waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

2.  The record also contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s digital signature.  

3.  The DD Form 214 indicates that on 3 Jan 2013, the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), with a characterization of service of general, under honorable conditions.  The DD Form 214 also shows a Separation Program Designator (SPD) code of JKK and a reentry (RE) code of RE 4.  

4.  The applicant’s available record does not document any recorded actions under the UCMJ, unauthorized absences or time lost.  However, he was separated as a PV1/E-1 and the action that caused his reduction is not contained in the service record.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record contains a DA Form 1059 (Service School Academic Evaluation Report), dated 17 December 2010, in which the applicant “achieved course standards.”

2.  The record of evidence also contains discharge orders number 353-0191, dated 18 December 2012.

EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant provided a DD Form 293.

POST-SERVICE ACTIVITY: 

The applicant did not provide any 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 his military records, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's.  

2.  The applicant’s record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's digital signature.  This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process.  

3.  The DD Form 214 also indicates the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 by reason of misconduct (drug abuse), with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  The applicant contends he served five years, completed his first term of enlistment honorably, deployed to Korea, Kuwait and Iraq and feels his service was honorable.  The available 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.

5.  The applicant further contends he would like to attend school and he earned the right to use his GI Bill.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

6.  If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record.

7.  Therefore, based on the available evidence and the government presumption of regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review     Date:  4 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)		AR20130009741



Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1