IN THE CASE OF:  	Mr. 

      BOARD DATE:  	17 January 2014

      CASE NUMBER:  	AR20130016573
___________________________________________________________________________

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, he would like to use his Post 9/11 GI Bill benefits.  He has been denied eligibility because he does not have an honorable discharge.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			9 September 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				5 August 2010
d. Reason/Authority/SPD/RE Code:		AR 635-200, Para 14-12b, Pattern of 								           Misconduct, JKA, RE-3
e. Unit of assignment:				HHC, 16th STB, APO AE  09139
f. Current Enlistment Date/Term:		2 March 2010, 4 years
g. Current Enlistment Service:		5 month, 4 days
h. Total Service:				3 years, 1 month, 15 days
i. Time Lost:					None
j. Previous Discharges:			RA/070621-100301/HD
k. Highest Grade Achieved:			Private First Class (PFC)
l. Military Occupational Specialty:		91D10, Generation Equipment Repairer
m. GT Score:					113
n. Education:					GED
o. Overseas Service:				Germany
p. Combat Service:				None
q. Decorations/Awards:			NDSM, GWOTSM, 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 21 June 2007 for a period of 4 years and 16 weeks.  He reenlisted on 2 March 2010 for a period of 4 years.  He was 22 years old at the time of his reenlistment and had a GED.  He served in Germany and completed 3 years, 1 month, and 15 days of active duty service.




SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 29 June 2010, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, paragraph 14-12b, for a pattern of misconduct.  Specifically for wrongfully using lysergic acid diethylamide (LSD); wrongfully using coricidin; wrongfully conspiring with other Soldiers to exceed the recommended dosage of coricidin by purchasing it at the Post Exchange, so as to alter his mood/mental state; and, assisting a local national in trespassing onto Warner Barracks.

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

3.  On 29 June 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and made a statement in his own behalf.  He also submitted supporting statements from senior NCOs recommending his retention in the Army.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  

4.  On 16 July 2010, the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 5 August 2010, under Army Regulation 635-200, chapter 14-12b, with a general, under honorable conditions discharge, an SPD code of JKA, 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 9 April 2008, for wrongfully using LSD; wrongfully exceeding the recommended dosage of coricidin; and, conspiring with other Soldiers to commit an offense, wrongfully exceeding the recommended dosage of coricidin by purchasing it at the Post Exchange.  The punishment consisted of reduction to PVT (E-1), forfeiture of $673.00 pay per month for two months, restriction and extra duty for 45 days (FG).  (Note:  The chain of command did not use this Article 15 for purposes of characterization as it technically exceeded the timeline for placement in the applicant’s local file.)

2.  Article 15, dated 8 June 2010, for assisting a local national in garnering unauthorized access to an Army Post.  The punishment consisted of reduction to the grade of Private (E-2), forfeiture of $378.00 (suspended until 12 September 2010), extra duty and restriction for 14 days (CG) 

3.  Negative counseling statements addressing the misconduct charged in the above Article 15.
4.  A General Officer Memorandum of Reprimand, dated 17 July 2009, for ingesting illegal controlled substances and for failing to render appropriate aide to PVT E.  A CID Report of Investigation (ROI) is attached to this document.

5.  An MP Report, dated 21 March 2010, indicates the applicant was the subject of an investigation for assisting a local national in jumping a fence on an Army Post. 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and a DD Form 214.

POST-SERVICE ACTIVITY: 

None listed. 

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 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’s record of service was marred by receipt of two Articles 15 and a GOMOR.  Further, by violating the Army's policy not to possess or use illegal drugs, compromised the special 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 that ultimately caused his discharge from the Army.
 
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's desire to use his educational benefits was noted; however, the Board does not grant relief for the purpose of gaining access to educational benefits.  

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:  17 January 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)		AR20130016573



Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1