IN THE CASE OF:  	Mr. 

      BOARD DATE:  	23 June 2014

      CASE NUMBER:  	AR20130016337
___________________________________________________________________________

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 his general, under honorable conditions discharge be upgraded to honorable.

2.  The applicant states, in effect, that he has learned his lesson and would like to have the opportunity once again to give something back and make a difference.  With an upgrade of his discharge he can take advantage of the GI Bill to go to school and further his education and better himself; the life of his fiancée and daughter.  He would like to find the kind of employment that would allow him to make a difference somewhere.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			3 September 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				28 April 2010
d. Reason/Authority/SPD/RE Code:		Misconduct (Serious Offense), Chapter 14-12c,
AR 635-200, JKQ, RE-3
e. Unit of assignment:				B Company, 1st Battalion, 222nd Aviation 
f. 						Regiment, US Army Aviation Logistics
School, Fort Eustis, VA
g. Current Enlistment Date/Term:		5 May 2009, 6 years
h. Current Enlistment Service:		11 months, 24 days
i. Total Service:				1 year, 3 months
j. Time Lost:					None
k. Previous Discharges:			RA 080521-080826/UNC
l. Highest Grade Achieved:			E-1
m. Military Occupational Specialty:		None
n. GT Score:					116
o. Education:					GED
p. Overseas Service:				None
q. Combat Service:				None
r. Decorations/Awards:			NDSM
s. Administrative Separation Board: 		No
t. Performance Ratings:			None
u. Counseling Statements:			Yes
v. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 5 May 2009, for a period of 6 years; he received an administrative waiver at the time of enlistment which was approved on (090309).  He was 19 years old at the time of entry and a high school graduate.  The applicant’s record does not show any significant achievements or acts of valor; when his discharge proceedings were initiated, he was serving at Fort Eustis, VA and completed 11 months, and 24 days of active duty service and had a total of 1 year and 3 months of active and prior active duty service. 

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 13 April 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Army Regulation 635-200, Chapter 14-12c, by reason of misconduct-commission of a serious offense.  Specifically for receiving a Field Grade Article 15 for wrongfully abusing Delsym Cough Suppressant and Coricidin HBP over the counter drugs (100305).

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 13 April 2010, 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 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 20 April 2010, the separation authority approved 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 28 April 2010, under the provisions of Army Regulation 635-200, Chapter 14-12c, by reason of misconduct-commission of a serious offense 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 unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 5 March 2010, for failing to obey a lawful order issued by LTC B, by wrongfully abusing Delsym Cough Suppressant and Coricidin HBP over the counter drugs (100220).  The imposed punishment consisted of forfeiture of $300 pay per month for two months, 30 days of extra duty and restriction and an oral reprimand. (FG) 

2.  Three negative counseling statements dated between 21 February 2010 and 23 February 2010, for abusing over the counter medication, missing accountability formation, and advising the applicant of the commander’s intent to request a Chapter 14-12c, commission of a serious offense separation.



EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 dated 17 August 2013, self authored statement dated 15 August 2013.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with 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, the document and the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 

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 abuse drugs, compromised the trust and confidence placed in a Soldier.  The applicant, by abusing drugs (i.e., over the counter medicine) 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 the over the counter medicine, 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 an Article 15 for failing to obey a lawful order from a LTC by wrongfully abusing Delsym Cough Suppressant and Coricidin HBP over the counter drugs which was in violation of Article 92, of the UCMJ.  

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 he wants to take advantage of the GI Bill to further his education and better himself; the life of his fiancée and daughter.  He would like to find the kind of employment that would allow him to make a difference somewhere.  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.  Further, the Board does not grant relief for the purpose of gaining employment 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:  23 June 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)		AR20130016337



Page 5 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1