Search Decisions

Decision Text

ARMY | DRB | CY2013 | AR20130014010
Original file (AR20130014010.txt) Auto-classification: Denied
      IN THE CASE OF:  	Mr. 

      BOARD DATE:  	21 March 2014

      CASE NUMBER:  	AR20130014010
___________________________________________________________________________

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 would like an upgrade of his discharge for the purpose of being able to use his GI Bill benefits to better himself through education.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		29 July 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			1 March 2011
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, Chapter 14						paragraph 14-12c(2), JKK, RE-4
e. Unit of assignment:			13th CM Co, 2nd CM Bn, Fort Hood, TX
f. Current Enlistment Date/Term:	30 July 2008, 3 years and 24 weeks
g. Current Enlistment Service:	2 years, 7 months, 2 days
h. Total Service:			2 years, 7 months, 2 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	74D10, Chemical Ops Sp
m. GT Score:				95
n. Education:				HS Graduate
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 30 July 2008, for a period of 3 years and         24 weeks.  He was 20 years old at the time of entry and a high school graduate.  His record indicates he achieved the rank of E-4.  His record documents no acts of valor or significant achievements.  He was serving at Fort Hood, TX when his separation was initiated.




SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 23 February 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason misconduct (serious offense) for testing positive for marijuana on a unit urinalysis conducted on (100826) which he received a Field Grade Article 15 for and again he tested positive for marijuana on (101231).

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 23 February 2011, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action and did not submit a statement on his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.

4.  The separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions under the provision of Chapter 14, paragraph 14-12c, AR 635-200.

5.  The applicant was discharged from the Army on 25 August 2011, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), with a Separation Program Designator code (SPD) of JKK and an RE code of 4. 

6.  The Transition Center (TC) appropriately selected the SPD code, reentry code and reason for the discharge to execute the commander's intent which in this case was to discharge the applicant for wrongfully using an illegal drug.  Army Regulation 635-5-1 provides the authority for Transition Centers (TC) throughout the Army to execute the commanders’ intent and in this case the TC selected the appropriate reentry code, the SPD Code that identified the type of separation and the correct paragraph from AR 635-200 that corresponded with the reason for the applicant’s separation as described in the discharge packet.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There is a positive urinalysis report contained in the record coded; IU (Inspection Unit),       26 August 2010, THC.

2.  Article 15, imposed on 1 September 2009, for disobeying a lawful order from a noncommissioned officer (090717).  The document does not indicate any punishment being imposed, (CG).


3.  Article 15, imposed on 18 November 2010, for the wrongful use of marijuana between (100727 and 100826).  The punishment consisted of reduction to E-3, forfeiture of $906.00 pay for two months (suspended) and extra duty and restriction for 30 days (FG).  

4.  A Report of Mental Status Evaluation, dated 31 January 2011, which indicates the applicant had the mental capacity to understand and participate in the proceedings against him and that he was mentally responsible.

5.  Two negative counseling statements dated between 21 September 2010 and 11 February 2011, for wrongfully using and possessing a controlled substance (i.e., marijuana) on 26 August 2010 and 31 December 2010.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293.

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 record of service, his military records, the document 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 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 his two Article 15’s; for violation of the Uniform Code of Military Justice for the wrongful use of marijuana and his two negative counseling statements for the wrongful use of marijuana on separate occasions.

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 indicated his desire for an upgrade of his discharge for the purpose of being able to use his GI Bill benefits.  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.

5.  The records show the proper discharge and separation authority procedures were followed in this case.  

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:  21 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)		AR20130014010



Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1


Similar Decisions

  • ARMY | DRB | CY2013 | AR20130002731

    Original file (AR20130002731.txt) Auto-classification: Denied

    Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 10 March 2011 d. Reason/Authority/SPD/RE: Misconduct (Drug Abuse), AR 635-200, 14-12c(2) JKK, RE-4 e. Unit of assignment: RD, 1st Bn, 22d IN Regiment, Fort Carson, CO f. Current Enlistment Date/Term: 5 September 2008, 5 years and 15 weeks g. Current Enlistment Service: 2 years, 4 months, 3 days h. Total Service: 2 years, 7 months, 23 days i. The evidence of record shows that on 11 February 2011, the unit commander...

  • ARMY | DRB | CY2013 | AR20130015511

    Original file (AR20130015511.txt) Auto-classification: Denied

    Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 14 January 2009 d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200, 14-12c(2), JKK, RE-4 e. Unit of Assignment: A Co, 296th Bde Spt Bn, Fort Lewis, WA f. Current Enlistment Date/Term: 2 November 2006, 4 years g. Current Enlistment Service: 2 year, 2 months, 0 days h. Total Service: 4 years, 8 months, 1 day i. On 15 December 2008, the separation authority waived further rehabilitation and directed...

  • ARMY | DRB | CY2013 | AR20130015686

    Original file (AR20130015686.txt) Auto-classification: Denied

    On 15 April 2011, the separation authority waived further rehabilitation efforts and directed the applicant’s discharge with a characterization of service of under other than honorable conditions. The applicant was discharged from the Army on 19 May 2011, with a characterization of service of under other than honorable conditions under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), a Separation Program Designator code (SPD) of JKK and an RE code...

  • ARMY | BCMR | CY2011 | AR20100030082

    Original file (AR20100030082.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 22 April 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense for wrongfully using marijuana x 2 (080119-080219), (070804-070904); and without authority, failing to go at the time prescribed to his appointed place of duty x 3 (070110), (070206), (070301), with an under other than...

  • ARMY | DRB | CY2013 | AR20130014713

    Original file (AR20130014713.txt) Auto-classification: Denied

    The evidence contained in the applicant’s service record indicates that on 5 October 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct (serious offense) for testing positive on a urinalysis for marijuana (090709). On 18 November 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of...

  • ARMY | DRB | CY2013 | AR20130006834

    Original file (AR20130006834.txt) Auto-classification: Denied

    The evidence shows that on 4 November 2009, 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 testing positive for marijuana on a drug test taken on 21 July 2009. On 25 November 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of...

  • ARMY | DRB | CY2012 | AR20120009887

    Original file (AR20120009887.txt) Auto-classification: Denied

    Applicant Name: ????? On 3 March 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. However, the record shows that the applicant was discharged for wrongfully using illegal drugs; the fact that he signed a declination statement had nothing to do with the reason for his discharge.

  • ARMY | DRB | CY2013 | AR20130007554

    Original file (AR20130007554.txt) Auto-classification: Denied

    Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 30 May 2008 d. Reason/Authority/SPD/RE: Misconduct (Drug Abuse), AR 635-200, 14-12c(2), JKK, RE-4 e. Unit of assignment: A Co, 94th Bde Spt Bn, Fort Polk, LA f. Current Enlistment Date/Term: 20 April 2005, 4 years and 17 weeks g. Current Enlistment Service: 3 years, 1 month, 11 days h. Total Service: 3 years, 1 month, 11 days i. On 14 May 2008, the separation authority waived further rehabilitation and directed...

  • ARMY | DRB | CY2012 | AR20120009203

    Original file (AR20120009203.txt) Auto-classification: Denied

    Applicant Name: ????? The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)", and the separation code is "JKK." Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI.

  • ARMY | DRB | CY2013 | AR20130005929

    Original file (AR20130005929.txt) Auto-classification: Denied

    Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 4 August 2005 d. Reason/Authority/SPD/RE: Misconduct, AR 635-200, 14-12c(2), JKK, RE-4 e. Unit of assignment: HHC, 82d Airborne Division, Fort Bragg, NC f. Current Enlistment Date/Term: 16 September 2004, 3 years and 21 weeks g. Current Enlistment Service: 0 years, 10 months, 19 days h. Total Service: 0 years, 10 months, 19 days i. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), in effect at...