IN THE CASE OF:  	Mr. 

      BOARD DATE:  	12 March 2014

      CASE NUMBER:  	AR20130020675
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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, a change to the reentry eligibility (RE) code, and the narrative reason for discharge.

2.  The applicant states, in effect, that he would like an upgrade of his discharge so that he can serve in the US Army Reserve.  He contends he served 15 years in the US Army and fell into some major issues at Ft Drum dealing with the WTU and watching his fellow Soldiers commit suicide along with several other things and his only outlet at the time was to self medicate with drinking and drugs to deal with his stress.  He is aware there are consequences; however he is hoping that he can have a second chance at doing something that he has grown to be so passionate about and that is serving his country. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		18 November 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			18 June 2012
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, Chapter 14 						paragraph 14-12c(2), JKK, RE-4
e. Unit of assignment:			WT Co A Cadre, Fort Drum, NY
f. Current Enlistment Date/Term:	15 August 2011, 309 days
g. Current Enlistment Service:	10 months, 4 days
h. Total Service:			14 years, 11 months, 20 days (Total service is based 						on blocks 12c, d, and e of the DD Form 214 under 						review.  Document supporting all periods of service 						were not found in the available records.)
i. Time Lost:				None
j. Previous Discharges:		DEP-840824-841112/NA										RA-841113-870702/HD										   (Break-in-Service)											ARNG-000426-050821/HD										The enlistment/extension contracts for the applicant's 						periods of service in the US Army Reserve were not 						found in the record 											OAD-070712-100414/HD										USAR-100415-100608/NA										OAD-100609-101029/HD										USAR-101030-110814/NA										   (Concurrent Service)
k. Highest Grade Achieved:		E-6
l. Military Occupational Specialty:	88M30, Motor Transportation Operator
m. GT Score:				106
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		MSM, ARCOM, AAM, ARCAM, AFRM-M, NPDR, 						ASR
r. Administrative Separation Board: 	No, Waived
s. Performance Ratings:		Yes
t. Counseling Statements:		Yes
u. Prior Board Review:			Yes, 11 February 2013
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 13 November 1984 and was discharge on 2 July 1987.  On 26 April 2000 the applicant enlisted in the Army National Guard where he served until his discharge on 21 August 2005 for enlistment in another component of the Armed Forces as annotated on his NGB Form 22, dated 21 August 2005.  Based on documents found in the record it appears he reenlisted in the United States Army Reserve (USAR).  On            15 August 2011, the applicant was ordered to active duty for a period of 309 days in support of Operation Enduring Freedom-Combat Support Brigade.  His record indicates he achieved the rank of SSG/E-6 and earned several awards to include the MSM, ARCOM, AAM, and ARCAM.  Based on the documents in his file it appears the applicant completed 14 years, 11 months, and 20 days of total military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 30 May 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct-abuse of illegal drugs for wrongfully using cocaine and driving while intoxicated (120204).

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 5 June 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement on his 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 of the separation with a general, under honorable conditions discharge.  

4.  On 6 June 2012, 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 discharged from the Army on 18 June 2012, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), with a Separation Program Designator code (SPD) of JKK and an RE code of 4. 

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Four New York State Department of Motor Vehicles Traffic Tickets dated 16 February 2012, for driving in shoulder/LMT access HGWH, driving w/.08 or MDRE of ALC (MISD), driving while intoxicated (MISD), and following too closely. 

2.  There is a positive urinalysis report contained in the record coded; PO, (Probable Cause), 30 March 2012, Cocaine.

3.  CID Report dated, 29 April 2012, that indicates the applicant was the subject of an investigation for the wrongful use of cocaine. 

4.  A Report of Mental Status Evaluation, 10 May 2012, which diagnosed the applicant with alcohol abuse; life circumstance problem.  The applicant was cleared for administrative action, as deemed appropriate by his command.

5.  One NCOER covering the period of 15 April 2011 to 14 April 2012.  The applicant was rated overall as "Marginal."

6.  A negative counseling dated, 7 February 2012 for being arrested for driving under the influence of alcohol.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and a self-authored letter.

POST-SERVICE ACTIVITY: 

None were provide 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.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (drug abuse).

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge, a change in his narrative reason for discharge and his RE code 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 non-commissioned officer.  The applicant, as an NCO, 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 positive urinalysis reports and a negative counseling statement.

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 also requests a change in the narrative reason for discharge and to his RE code.  However, Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(2), for drug offenses.  The regulation further stipulates that no deviation is authorized.  

5.  Further, the SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4.  An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment.  

6.  The applicant contends his misconduct was the result of having to deal with the stress of being assigned to at the WTU at Fort Drum.  While the applicant may believe his stress at work was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  

7.  The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   The character of the applicant’s discharge is commensurate with his overall service record.  

8.  Therefore, the reason for discharge and the characterization being both proper and equitable, recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Personal Appearance   Date: 12 March 2014      Location: Washington, DC

Did the Applicant Testify?  Yes 

Counsel: None

Witnesses/Observers: None 

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted no additional documents or contentions.

2.  In addition to the evidence in the record, the Board carefully considered the testimony presented by the applicant at the personal appearance hearing.

Board Vote:
Character Change:  1	No Change:  4
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)		AR20130020675



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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