IN THE CASE OF:  	Mr. 

      BOARD DATE:  	7 May 2014

      CASE NUMBER:  	AR20130014350
___________________________________________________________________________

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 an upgrade of his general, under honorable conditions discharge to honorable.

2.  The applicant states, in effect, he is requesting an upgrade of the characterization of his discharge because he would like to attend school and he would like medical benefits in order to have physical therapy for a shoulder injury received while in the Army.  He states he was discharged because he admitted to trying bath salts during a Criminal Investigation Division (CID) interview.  He contends he was only trying to help the investigation but instead he was reduced to the grade of E-1 and ordered to perform extra duty.  He was a superb member of the unit and the separating authority did not have any idea how he changed his ways prior to approving his separation.  He contends he has learned from his mistake.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			31 July 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				15 October 2012
d. Reason/Authority/SPD/RE Code:		Misconduct (Drug Abuse), AR 635-200, 
Chapter 14-12c(2), JKK, RE-4
e. Unit of assignment:				A Company, 4th Brigade Special Troops
Battalion, Fort Polk, LA
f. Current Enlistment Date/Term:		10 January 2011/6 years
g. Current Enlistment Service:		1 year, 9 months, 6 days
h. Total Service:				1 year, 9 months, 6 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		12N10, Horizontal Construction Engineer
m. GT Score:					115
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			NDSM, GWOTSM, ASR
r. Administrative Separation Board: 		NA
s. Performance Ratings:			NA
t. Counseling Statements:			NIF
u. Prior Board Review:				No



SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 10 January 2011, for a period of 6 years.  He was 21 years old at the time of entry and a high school graduate.  His record is void of any significant acts of valor or achievement.  He completed 1 year, 9 months, and 6 days of active duty service.  When his discharge proceedings were initiated, he was serving at Fort Polk, Louisiana.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On an unknown date, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c(2), misconduct (drug abuse).  Specifically for failing to obey a lawful general order by wrongfully using bath salts, a synthetic substance.

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge.

3.  On 27 August 2012, the applicant acknowledged receipt of the notification of separation, consulted with legal counsel, was advised of the impact of the discharge action, and elected to submit a statement in his own behalf.  As a note, the record of evidence is void of a rebuttal statement from the applicant.  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 with an general, under honorable conditions discharge.  

4.  On 3 October 2012, the separation authority waived further rehabilitation efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 15 October 2012, under Army Regulation 635-200, Chapter 14-12c(2), with a general, under honorable conditions discharge, an SPD code of JKK, and an RE code of 4.    

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1  Article 15, dated 24 May 2012, wrongful use of bath salts, a synthetic substance.  The punishment consisted of reduction to the grade of E-1, forfeiture of $745 pay per month for two months, 45 days of extra duty and restriction (FG). 

2.  DA Form 3822 (Report of Mental Status Evaluation), dated 7 August 2012, reflects the applicant had no obvious impairments and knew the difference between right and wrong.  He was diagnosed with depression, substance use disorder (both in early remission per applicant), and anxiety d/o NOS.  The applicant had a negative screening for Post Traumatic Stress Disorder (PTSD) and Mild Traumatic Brain Injury (MTBI).  The evaluation noted the applicant had a history of substance use (spice, Robitussin, and alcohol) per the applicant’s report, medical records, and AUDIT.  The applicant admitted he only used bath salts once and had started a “health binge” with Robitussin and alcohol three weeks prior to his notification of separation.  In addition, he admitted to previously using spice.
      
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 27 July 2013, a DD Form 214, a DA Form 3349 (Physical Profile), dated 28 August 2012, reflects a temporary profile for a broken left collar bone, a DA Form 4187 (Personnel Action), dated 14 June 2012, reflects the applicant was promoted to the grade of E-2, effective 10 July 2012, and partial copy of his medical documents.

POST-SERVICE ACTIVITY: 

The applicant did not provide any in support of his 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.



ANALYST’S 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 documents 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 a FG Article 15 for violation of the Uniform Code of Military Justice, and furthermore, the applicant admitted to having a history of use of illegal substances as reflected in his mental status evaluation.

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 an upgrade of his discharge would allow for use of medical and educational benefits through the Montgomery GI Bill.  However, the Board does not grant relief for the purpose of gaining access to veterans’ benefits or enhancing employment opportunities.

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:  7 May 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)		AR20130014350



Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1