1.	APPLICANT’S NAME:  

	a.	Application Date:  13 March 2014

	b.	Date Received:  3 June 2014

	c.	Counsel:  None

2.   REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION:  The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a change to his narrative reason for discharge.  He also requests that his DD Form 214 be changed to reflect his missing awards; i.e., the ARCOM and the Joint Service Ribbon which he earned while working with the Air Force while deployed to Iraq.  The applicant states, in effect, his misconduct was the result of depression he incurred during his yearlong deployment to Iraq in 2004, which he still has issues with today.  He contends his service was generally honorable; therefore, his record should reflect that.  In a records review conducted at Arlington, Virginia, on 11 September 2015, and by a 5-0 vote, the Board denied the request finding the separation was both proper and equitable.

	(Board member names available upon request.)

3.	DISCHARGE DETAILS:

	a.	Reason/Authority/Codes/Characterization:  Misconduct (Drug Abuse)/AR 635-200, Paragraph 14-12c (2)/JKK/RE-4/General, Under Honorable Conditions.

	b.	Date of Discharge:  22 June 2005

	c.	Separation Facts:  

		(1)	Date of Notification of Intent to Separate:  18 May 2005

		(2)	Basis for Separation:  The applicant was informed of the following reasons:  For receiving a Field Grade Article 15 on 1 April 2005 for wrongful use of a controlled substance (marijuana).

		(3)	Recommended Characterization:  General, Under Honorable Conditions

		(4)	Legal Consultation Date:  On 18 May 2005, the applicant declined the opportunity to consult with legal counsel.

		(5)	Administrative Separation Board:  None

		(6)	Separation Decision Date/Characterization:  NIF/General, Under Honorable Conditions





4.	SERVICE DETAILS:

	a.	Date/Period of Enlistment:  27 May 2003/3 years

	b.	Age at Enlistment/Education/GT Score:  18 years/GED/114

	c.	Highest Grade Achieved/MOS/Total Service:  E-3/13M10, MLRS Crewmember/         2 years and 26 days

	d.	Prior Service/Characterizations:  None

	e.	Overseas Service/Combat Service:  Southwest Asia, Germany/Iraq (11 February 2004-5 February 2005).

	f.	Awards and Decorations:  NDSM, GWOTEM, GWOTSM, ASR

	g.	Performance Ratings:  None

	h.	Disciplinary Action(s)/Evidentiary Record:  There is a positive urinalysis report contained in the record coded; IR (Inspection Random), dated 8 February 2005, for THC.  There is a second positive urinalysis report contained in the record coded; IO (Inspection Other), dated 5 March 2005, THC.

Article 15, imposed on 1 April 2005, for wrongfully using marijuana between (050108 and 050208).  The punishment consisted of reduction to the grade of E-1, forfeiture of $617.00 pay per month for two months, and 45 days of extra duty and restriction (FG).  

Several negative counseling statements dated between 7 March 2005 and 1 April 2005, for wrongful use of a controlled substance, results of Field Grade Article 15, and notification of pending separation action.

i. Lost Time:  None

	j.	Diagnosed PTSD/TBI/Behavioral Health:  None; however, a memorandum dated       15 March 2005, "Mental Status Evaluation for M.A.W., indicates the applicant was diagnosed with cannabis abuse, alcohol abuse, personality disorder, NOS.  It was noted the applicant met the retention standards as prescribed in Chapter 3, AR 40-501, and there was no psychiatric disease or defect that warrant disposition through medical channels, i.e., the applicant was not appropriate for a medical board.  The applicant was cleared for any administrative action deemed appropriate by this command.

5.	APPLICANT-PROVIDED EVIDENCE:  A DD Form 293 and a copy of his request for his records from the National Personnel Record Center.

6.	POST SERVICE ACCOMPLISHMENTS:  None




7.	REGULATORY CITATION(S):  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.   

Paragraph 14-12c(2) terms abuse of illegal drugs as serious misconduct.  It continues; however, by recognizing relevant facts may mitigate the nature of the offense.  Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under paragraph 14-12a or 14-12b as appropriate.

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).

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.

8.	DISCUSSION OF ISSUE(S):  The applicant request an upgrade of the characterization of his discharge and a change to his narrative reason for discharge.  The applicant’s record of service, the documents and the issues submitted with the application were carefully considered.

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 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.  The applicant’s record of service was marred by an Article 15 for violation of the Uniform Code of Military Justice, testing positive for the wrongful use of a controlled substance twice and receiving several negative counseling statements.

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.  

The appropriate SPD code and narrative reason to assign enlisted Soldiers who are discharged for misconduct (drug abuse) is “JKK” and the RE code is 4.  The regulation further stipulates no deviation is authorized.  


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.  

The applicant seeks relief contending his misconduct was the result of depression he incurred during his yearlong deployment to Iraq in 2004, which he still has issues with today.  It was noted the applicant was diagnosed for cannabis abuse, alcohol abuse, and a personality disorder, on 15 March 2005; however, it was determined the applicant was cleared from any administrative action deemed appropriated by his command.  Furthermore, the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.

The applicant also contends his service was generally honorable; therefore, his record should reflect that.  However, by regulation, a UOTHC discharge is normally appropriate for a member separated by reason of misconduct.  It appears the applicant’s generally good record of service was the basis for his receiving a general, under honorable conditions discharge instead of the normal under other than honorable conditions discharge.  His misconduct clearly diminished his overall record of service below that meriting a fully honorable discharge.

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.

Additionally, the applicant’s requested changes to the DD Form 214 of adding missing awards received while deployed to Iraq.  These issues do not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding these issues.  A DD Form 149 may also be obtained from a Veterans' Service Organization.

The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and the applicant was provided full administrative due process.














9.	BOARD ACTION DIRECTED:

	a.	Issue a new DD-214:  		No

	b.	Change Characterization to:  	No Change

	c.	Change Reason to:  			No Change

	d.	SPD/RE Code Change to:  		No Change

	e.	Restoration to Grade:  		NA


Authenticating Official:




COL, US ARMY
Presiding Officer 
Army Discharge Review Board























Legend:
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  
FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry	                Honorable Conditions 	

ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE

AR20140009622


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