IN THE CASE OF:  	Mr. 

      BOARD DATE:  	4 October 2013

      CASE NUMBER:  	AR20130014375
___________________________________________________________________________

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 only made one mistake in his 30 months of military service which was a commission of a serious offense that has placed a burden on his way of life.  He continues to try and live with the same goals and intentions that he did prior to making the costly mistake.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 			5 August 2013
b. Discharge Received: 			General, Under Honorable Conditions
c. Date of Discharge: 				22 September 2010
d. Reason/Authority/SPD/RE Code: 		Misconduct (Serious Offense), AR 635-200, 
Chapter 14-12c, JKQ, RE 3
e. Unit of assignment: 				D Co, 2-7 IN, 1 HBCT, 3rd ID, Fort Stewart, GA
f. Current Enlistment Date/Term: 		19 March 2008, 4 years, 16 weeks
g. Current Enlistment Service: 		2 years, 6 months, 4 days
h. Total Service: 				2 years, 6 months, 4 days
i. Time Lost: 					None	
j. Previous Discharges: 			None	
k. Highest Grade Achieved: 			E-4	
l. Military Occupational Specialty: 		11B10, Infantryman	
m. GT Score: 					101
n. Education: 					HS Graduate	
o. Overseas Service: 				Camp Casey, Korea
p. Combat Service: 				Iraq (20091218-20100905)
q. Decorations/Awards: 			AAM, NDSM, KDSM,ICM-CS, GWTSM, 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 Regular Army on 19 March 2008, for a period of 4 years and 16 weeks.  He was 21 years old at the time of entry and a high school graduate.  The applicant required a moral waiver at the time of enlistment which was approved on 7 March 2008.  He served in Iraq, and Korea.  He earned an AAM and completed 2 years, 6 months, and 4 days of active duty service. 
SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 13 May 2010, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14, paragraph 12c, Commission of a Serious Offense, specifically for testing positive on a urinalysis for cocaine (091207).

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 18 May 2010, the applicant consulted 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.  The intermediate commander reviewed the proposed separation action and recommended approval with a general, under honorable conditions discharge.  

4.  On 14 July 2010, 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 separated on 22 September 2010, under Army Regulation 635-200, Chapter 14-12c, with a general, under honorable conditions discharge, an SPD code of JKQ and an RE code of 3.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There is one positive urinalysis report contained in the record coded IU, Inspection Unit, dated 18 December 2009, Cocaine. 

2.  One Article 15, dated 2 April 2010, for wrongful use of cocaine between on or about (091204-091207).  The punishment consisted of reduction to the grade of E-1, forfeiture of $723 pay per month for two months, 45 days of extra duty and 45 days restriction (FG).

3.  One negative counseling statement dated, 27 February 2010 for testing positive for Cocaine as a result of a urinalysis conducted on, 7 December 2009.

4.  One Army Drug and Alcohol Prevention Training (ADAPT) Certificate of Completion dated 26-27 June 2010. 	
      
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided no additional documentation in support of this application 

POST-SERVICE ACTIVITY: 

The applicant did not provide any 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 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 (cocaine), 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.

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.  

4.  The applicant contends the event that led to his discharge of using cocaine was his only infraction and was a costly mistake.  He really wants his discharge upgraded to continue furthering his education and providing a future for his family.  Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  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.  

5.  The applicant has expressed his desire to have better job opportunities and the benefits of the GI Bill.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  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.

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

7.  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: 4 October 2013      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)		AR20130014375



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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