IN THE CASE OF:  	Ms. 

      BOARD DATE:  	28 March 2014

      CASE NUMBER:  	AR20130013830
___________________________________________________________________________

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 her discharge characterization from general, under honorable conditions to honorable.  

2.  The applicant states, in effect, she came from a very unhealthy background, where she was surrounded by drugs and criminals.  She joined the Army so she could have a better future.  As long as she was away from home she excelled receiving many awards and medals.  After coming home from her last deployment, she fell back into that lifestyle.  Shortly after she realized she had a problem, she signed a waiver for her one year grace period and volunteered to deploy again.  Thirty days later she was given a urinalysis and there was still a trace of THC in her urine.  She was given an Article 15, and was able to keep her rank.  Since she was on deployment, she was discharged with a general under honorable conditions discharge.  She was then retained by the New Jersey National Guard and finished her 8 year contract honorably.  She is now two classes away from receiving her bachelor’s degree in Psychology.  She would like to be able to re-enlist in the Regular Army so she can utilize her education and personal experiences to help others.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		29 July 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			27 October 2008
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, 14-12c 						JKQ, RE-3        
e. Unit of assignment:			HHC Mobilization and Deployment Brigade, Fort 						Bliss, TX 
f. Enlistment Date/Term:		OADT 20 June 2008, 396 days
g. Current Enlistment Service:	4 months, 8 days
h. Total Service:			4 years, 8 months
i. Time Lost:				None
j. Previous Discharges:		ARNG (040218-040413), NA									OIADT (040414-041005), HD									ARNG (041006-060614), NA									OAD (060615-071008), HD									ARNG (071009-080619), NA
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	44B10, Metal Worker
m. GT Score:				105
n. Education:				GED
o. Overseas Service:			SWA x 2
p. Combat Service:			Kuwait (060930-070915 and 080620-081027)
q. Decorations/Awards:		AAM, AGCM, NDSM, GWOTEM, GWOTSM, AFRM-						w/M-Device, ASR, OSR
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 ARNG on 18 February 2004, for a period of 6 years.  She was 25 years old at the time of entry and had a GED.  At the time her discharge proceedings were initiated she was serving at Fort Bliss, TX.  Her record documents the award of an AAM and AGCM.  She served two combat tours in Kuwait (060930-070915 and 080620-081027). 

SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 17 September 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct-commission of a serious offense, specifically for wrongfully using marijuana (between 080625-080724).

2.  Based on the above misconduct, the unit commander recommended the applicant be retained on active duty and advised the applicant of her rights.  

3.  On 17 September 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested an administration separation board even though she was not entitled to one, and submitted a statement on her behalf.  The unit commander subsequently recommended retention.  The intermediate commander reviewed the proposed action and recommended retention.  

4.  On 1 October 2008, 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 on 27 October 2008, for misconduct (serious offense), under the provisions of AR 635-200, Chapter 14-12c, with a SPD code of JKQ and a RE code of 3.

6.  The service record does not contain any lost or AWOL time.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  A FG Article 15, dated 10 September 2008, for wrongfully using marijuana (between 080625-080724).  Her punishment consisted of a reduction to E-1, suspended, and a forfeiture of $673.00 pay for two months.    

2.  A counseling statement, dated 17 September 2008, notifying the applicant of being chapter of out the Army for wrongfully using marijuana.



EVIDENCE SUBMITTED BY THE APPLICANT 

A DD Form 293, two DD Forms 214, a self-authored statement, active duty orders, a copy of an Article 15, and an honorable discharge certificate.

POST-SERVICE ACTIVITY: 

The applicant is attending college.

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 her discharge was carefully considered.  However, after examining the applicant’s service record, 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 her 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 the serious misconduct, the applicant diminished the quality her service below that meriting an honorable discharge.  The applicant’s record of service was marred by a FG Article 15 for wrongfully using marijuana.  

3.  The applicant contends she would like to be able to re-enlist in the Regular Army so she can utilize her education and personal experiences to help others.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 

4.  In addition, 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.  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:  28 March 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)		AR20130013830



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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