IN THE CASE OF:  	Mr. 

      BOARD DATE:  	29 January 2014

      CASE NUMBER:  	AR20130010126
___________________________________________________________________________

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 that 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 was involved in an incident at the motor pool and was prescribed painkillers for his injuries he sustained to his right foot which caused him to relapse into his cocaine addiction which led to his discharge.  He feels that if he was not prescribed a habit forming drug which was a highly addictive substance that triggered his relapse he would have been an excellent Soldier.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		28 May 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			6 November 2006
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, 14-12c(2), 						JKK, RE-4        
e. Unit of assignment:			21st Chemical Company, Brigade Troops Battalion,
Sustainment Brigade, 82nd Airborne Division, Fort Bragg, NC
f. Current Enlistment Date/Term:	24 March 2009, 3 years and 25 weeks
g. Current Enlistment Service:	1 years, 6 months, 29 days
h. Total Service:			1 years, 6 months, 29 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2	
l. Military Occupational Specialty:	74D1P, Chemical Operations Specialist
m. GT Score:				106
n. Education:				GED
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		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 8 April 2005, for a period of 3 years and 25 weeks.  He was 18 years old at the time of entry and had a GED.  He was serving at Fort Bragg, NC when his discharge was initiated.  His record did not contain any significant achievements or meritorious awards.   

SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence shows that on 5 October 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for commission of a serious offense, abuse of illegal drugs, specifically for wrongfully using cocaine.

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

3.  The applicant’s election of rights memorandum is not part of the available record and government regularity is presumed in the discharge process.  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.  On 11 October 2006, 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 6 November 2006, for misconduct (drug abuse), under the provisions of Chapter 14-12c(2), with an SPD code JKK and an RE code of 4.

6.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

7.  The record also contains a positive urinalysis test coded as IR (Inspection Random), dated      5 July 2006, that was positive for cocaine.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  The applicant received a Field Grade Article 15, dated 3 August 2006, for wrongfully using cocaine (060701-060705). His punishment consisted of forfeiture of pay in the amount of $640.00 for two months, extra duty and restriction for 45 days.

2.  Five negative counseling statements dated from 24 February 2006 thru 12 July 2006, for testing positive for cocaine on a unit urinalysis, lack of motivation on the run, lack of military discipline and abuse of his profile, drinking underage while on mission cycle and loss of his military identification card. 

3.  Report of Mental Status Evaluation, dated 9 August 2006, found the applicant mentally responsible for his behavior and was able to distinguish right from wrong.  He was psychiatrically cleared for any administrative action deemed appropriate by the command.  

EVIDENCE SUBMITTED BY THE APPLICANT 

None were provided with the application.

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 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.  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 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 that he was involved in an incident at the motor pool and was prescribed painkillers for his injuries he sustained to his right foot which caused him to relapse into his cocaine addiction which led to his discharge.  He feels that if he was not prescribed a habit forming drug which was a highly addictive substance that triggered his relapse he would have been an excellent Soldier.  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 his serious offense of abusing an illegal drug.  

5.  The evidence of record shows the applicant was counseled and given a profile after his eye surgery on 6 June 2006, to ensure that he had time to recover which he agreed to by signing the counseling statement on 12 July 2006.  Further, the DD Form 2808, Report of Medical Examination dated 16 August 2006, administered by competent medical authority cleared the applicant for separation from the Army.  The service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition.  The record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication.  

6.  Additionally, 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.  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:  29 January 2014     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	UOTH - Under Other Than                           			               Honorable
ADRB Case Report and Directive (cont)		AR 20130010126

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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