IN THE CASE OF:  	Mr. 

      BOARD DATE:  	10 January 2014

      CASE NUMBER:  	AR20130010997
___________________________________________________________________________

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, he believes his overall characterization of service was fully honorable.  He contends he accidentally took another Soldier’s prescription medication.  He states there were three Soldiers who kept their medication on the same counter and they all were pending medical boards.  He tried to explain what happened but his medical board was stopped three hours before he was to sign the paperwork, he was reduced in rank and separated on a misconduct discharge.  He believes the discharge for one honest mistake during 4 years and 10 months of active duty service does not accurately reflect the overall quality of his Army service.  He contends no one at Fort Bliss would listen and the forfeiture of his educational benefits due to the characterization of his discharge will negatively impact his future.  He notes he received the Iraqi Campaign Medal with two campaign stars and a Army Good Conduct Medal (AGCM).
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			10 June 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				14 November 2012
d. Reason/Authority/SPD/RE Code:		Misconduct (Drug Abuse), AR 635-200 
Chapter 14-12c(2), JKK, RE-4
e. Unit of assignment:				29th Engineer Company, Fort Bliss, TX
f. Current Enlistment Date/Term:		15 January 2008/6 years, 17 weeks
g. Current Enlistment Service:		4 years, 10 months
h. Total Service:				4 years, 10 months
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			NIF
l. Military Occupational Specialty:		12B10, Combat Engineer
m. GT Score:					NIF
n. Education:					HS Graduate
o. Overseas Service:				SWA
p. Combat Service:				Iraq (091121-101109)
q. Decorations/Awards:			ICM-2CS, NDSM, AGCM, GWOTSM, ASR
OSR
r. Administrative Separation Board: 		N/A
s. Performance Ratings:			No
t. Counseling Statements:			NIF
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 15 January 2008 for a period of 6 years and 17 weeks.  He was 21 years old at the time of entry and a high school graduate.  He served in Iraq and completed 4 years and 10 months of active duty service.  The applicant’s record is void of any significant acts of valor or achievement.  When his discharge proceedings were initiated, he was serving at Fort Bliss, Texas.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to the 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 signature.  

2.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, 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 4.  

3.  The applicant’s record does not show any recorded actions under the UCMJ, unauthorized absences or time lost.  However, he was separated as a PVT/E-1 and the action that caused his reduction is not part of his Army Military Human Resource Record.

4.  On 8 November 2012, Department of the Army, Headquarters, 1st Armored Division & Fort Bliss, Fort Bliss, Texas, Orders Number 313-0027, discharged the applicant from the Army effective 14 November 2012.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Orders 313-0027, dated 8 November 2012, Department of the Army, Headquarters, 1st Armored Division & Fort Bliss, Fort Bliss, Texas, discharged the applicant from the Army effective 14 November 2012.

2.  There are no counseling statements or UCMJ actions in the record.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 6 June 2013, and his DD 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, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army.  However, the record contains a properly constituted DD Form 214, which was authenticated by the applicant's 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, AR 635-200, paragraph 14-12c(2) by reason of misconduct, (serious offense), 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 his characterization of service for one mistake and forfeiture of his educational benefits will negatively affect his future.  The applicable Army regulation states 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.  Further, 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.

5.  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.

6.  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:  10 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	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130010997



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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