IN THE CASE OF:  	Mr. 

      BOARD DATE:  	21 May 2014

      CASE NUMBER:  	AR20130014341
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and considering the examiner’s 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 to change to the narrative reason for separation.  

2.  The applicant states, in effect, that he needs a clean record in order to obtain employment as a truck driver.  He would like to leave his marijuana use in the past.  He needs an upgrade before attending truck driving school.  He no longer smokes marijuana.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		5 August 2013 
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			13 February 2012 
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, 14-12c(2) 						JKK, RE-4        
e. Unit of assignment:			FSC, 11th Eng Bn, Fort Benning, GA 
f. Current Enlistment Date/Term:	22 October 2008, 4 years
g. Current Enlistment Service:	3 years, 3 months, 22 days
h. Total Service:			6 years, 3 months, 6 days
i. Time Lost:				None
j. Previous Discharges:		RA (051108-081021), HD 
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	92F10, Petroleum Supply Specialist 
m. GT Score:				90
n. Education:				Associates Degree
o. Overseas Service:			Germany, SWA (080715)
p. Combat Service:			Iraq (070715), (090617-091002) 									Afghanistan (091003-100611)
q. Decorations/Awards:		ARCOM-2, AAM, MUC, AGCM, NDSM, ACM-CS 						ICM-2-CS, GWOTSM, ASR, OSR-2
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 November 2005 for a period of 5 years and 24 weeks.  He was 18 years old at the time of entry and had an associated degree.  He served in Germany, Iraq, and Afghanistan.  He served three combat tours and earned two ARCOMs, and one AAM.  He was serving at Fort Benning, GA when his discharge was initiated.  



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The service record indicates that 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-abuse of illegal drugs, specifically for being found in possession of, and having used marijuana, a controlled substance.
	
2.  Based on the above misconduct, the commander recommended a general, under honorable conditions discharge.  

3.  The applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement on his behalf.  The applicant waived consideration of his case by an administrative separation board.  He also waived personal appearance before an administrative separation board.  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.  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 13 February 2012, for misconduct (drug abuse), under the provisions of Chapter 14-12c (2), with an SPD Code of JKK, and RE code 
of 4.

6. The service record does not contain any evidence of time lost.   

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  CID Agent’s Investigation Report with allied documents, dated 28 May 2011, reflecting the applicant was the subject of an investigation for wrongful use, possession and distribution of a controlled substance (marijuana).  

2.  Article 15, dated 24 March 2011, for being FTR on two occasions (110118, 110209).  The punishment consisted of reduction to E-3, forfeiture of $455.00 pay (suspended for 120 days), extra duty and restriction for 14 days (CG).  

3.  Article 15, dated 20 October 2011, for wrongfully using marijuana (110527).  The punishment consisted of a reduction to E-1 (suspended until 120417), forfeiture of $733.00 pay for two months (suspended until 120417), extra duty and restriction for 45 days (FG).   
      
4.  Two negative counseling statements dated 28 September 2011 and 20 October 2011, for wrongfully using and possessing marijuana, and for the initiation of chapter 14-12c proceedings.  
      


EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 30 July 2013, and a DD Form 214. 

POST-SERVICE ACTIVITY: 

None 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.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(2), for misconduct (drug abuse).

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4.

ANALYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the narrative reason for separation 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 a change to the narrative reason for separation.  

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.  The applicant’s record of service was marred by two Articles 15 for multiple violations of the Uniform Code of Military Justice.

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 a change to the narrative reason for separation will allow him to obtain better employment as a truck driver.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

5.  The applicant requested that the narrative reason for the discharge be changed.  However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "misconduct (drug abuse)," and the separation code is "JKK."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  

6.  Therefore, the reason for separation being proper and equitable, recommend the Board deny relief.  



SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Record Review       Date:  21 May 2014        Location:  Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

Witnesses/Observers:  No 

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)		AR20130014341



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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