IN THE CASE OF:  	Mr. 

      BOARD DATE:  	9 May 2014

      CASE NUMBER:  	AR20130014709
___________________________________________________________________________

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, that he would like to receive 100% of his GI Bill to pay for his college tuition.  Also he would like to have continuous tri-care for his wife and daughter.  He is in school now and he volunteers at the local senior citizen center.  He knows that he messed up and he does not want his decision to affect his family any more.  All people screw up and deserve a second chance.  He has kept away from drugs and alcohol since his discharge.  He was a good Soldier and he only screwed up once.   

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		12 August 2013	
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			21 May 2013	
d. Reason/Authority/SPD/RE Code:	Misconduct (Drug Abuse), AR 635-200, 14-12c(2), 						JKK, RE-4	
e. Unit of Assignment:			Alpha Company, 3rd Battalion, 69th Armor Regiment, 						1st Armor Brigade Combat Team, 3rd Infantry 							Division, Fort Stewart, GA 
f. Current Enlistment Date/Term:	14 October 2010, 3 years 
g. Current Enlistment Service:	2 years, 7 months, 7 days
h. Total Service:			4 year, 1 month, 21 days
i. Time Lost:				None
j. Previous Discharges:		RA (090401-101013), HD										(Concurrent Service)
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	11B10, Infantryman
m. GT Score:				86
n. Education:				13 years	
o. Overseas Service:			SWA
p. Combat Service:			Afghanistan (110115-111229)
q. Decorations/Awards:		ARCOM, AAM, AGCM, NDSM, ACM-w/CS, 							GWOTSM, ASR, OSR, NATO MDL
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 1 April 2009, for a period of 3 years and 16 weeks.  He was 25 years old at the time of entry and a high school graduate.  He reenlisted on 14 October 2010, for a period of three years.  He was serving at Fort Stewart, GA, when his discharge was initiated.  He was awarded an ARCOM, AAM, AGCM, and served a combat tour in Afghanistan.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 11 April 2013, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, paragraph 14-12c(2), for misconduct (drug abuse), specifically for testing positive for marijuana (130220).

2.  Based on the above misconduct, the commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.

3.  On 29 April 2013, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case before an administrative separation board even though he was not entitled to one, and indicated he would not submit a statement in his own behalf.  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 a general, under honorable conditions discharge.  

4.  On an unknown date, 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 21 May 2013, 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.  There are two positive urinalyses reports contained in the record coded as IU (inspection unit), dated 15 October 2012 and IR (inspection random), dated 20 February 2013.  Both were positive for marijuana.

2.  GOMOR, dated 26 June 2012, for driving under the influence of alcohol (.138) on 12 May 2012.

3.  Two counseling statements dated 31 October 2012 (marijuana), and 15 January 2013 (chapter notification).  



EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant DD Form 293 and 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.

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 (marijuana), 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 or poor duty performance.  

4.  The applicant contends the event that led to his discharge of using marijuana was an isolated event.  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 states, in effect, that he would like to receive 100% of his GI Bill to pay for his college tuition.  Also he would like to have continuous tri-care for his wife and daughter.  He is in school now and he volunteers at the local senior citizen center.  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 applicant contends that he was a good Soldier.  The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge.  

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:  9 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)		AR20130014709



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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