IN THE CASE OF:  	

      BOARD DATE:  	18 May 2015

      CASE NUMBER:  	AR20150002460
___________________________________________________________________________

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 of issues which follows, the Board determined the discharge was inequitable based on the circumstances surrounding the discharge which mitigated the discrediting entry in the service record.  The Board determined the single court-martial specification upon which the Chapter 10 was based was that the Soldier used marijuana during a one month period.  The one month period is indicative of the charge that would follow a positive urinalysis (UA).  A positive UA for marijuana cannot pinpoint the actual date(s) of use, but does indicate use took place during the month preceding the test.  In view of the foregoing, the Board determined Chapter 14 for illegal drug use would be a more equitable reason for separation and a general discharge would be more appropriate.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions, change the narrative reason for separation to Misconduct (Drug Abuse), AR 635-200, paragraph 14-12c(2), with a corresponding separation code of JKK, and a reentry code of “4.”



      
      
      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 under other than honorable conditions to honorable or general, under honorable conditions.

2.  The applicant states, in effect, that he would like an upgrade of his discharge for the purpose of obtaining better employment.  He contends he is unable to move forward in life with his current characterization of service.  He was the only witness in a court-martial against a noncommissioned officer to stop the drugs in his unit that resulted in him being pushed out without processing out.  He has worked hard at being a model citizen to change his life and the lives of others.  He regrets the mistakes he made and has been an advocate and mentor to those who have traveled the same wrong path he was on.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		12 February 2015
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			13 June 2001
d. Reason/Authority/SPD/RE Code:	In Lieu of Trial by Court-Martial, AR 635-200, 							Chapter 10, KFS, RE-4
e. Unit of assignment:			HHS, 3rd Bn, 321st FA Rgt, Fort Bragg, NC
f. Current Enlistment Date/Term:	26 June 1997, 4 years
g. Current Enlistment Service:	3 years, 11 months, 18 days
h. Total Service:			3 years, 11 months, 18 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	91B10, Medical Specialist
m. GT Score:				117
n. Education:				GED
o. Overseas Service:			Korea
p. Combat Service:			None
q. Decorations/Awards:		ASR, OSR
r. Administrative Separation Board: 	NA
s. Performance Ratings:		NA
t. Counseling Statements:		None
u. Prior Board Review:			No
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 26 June 1997, for a period of 4 years.  He was 19 years old at the time of enlistment and had a high school equivalency (GED).  His record indicates he served in Korea, and achieved the rank of SPC/E-4.  He was serving at Fort Bragg, North Carolina, when his discharge was initiated.  The record does not contain any evidence of acts of valor or meritorious achievements.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet which indicates on            27 November 2000, the applicant was charged with wrongfully using marijuana between (000808-000907).

2.  On 11 December 2000, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial.  In this request, the applicant admitted guilt to the offense, or a lesser included offense.  The applicant indicated he understood he could receive an UOTHC discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  The applicant did submit a statement on his own behalf.  The applicant's chain of command recommended approval of an UOTHC discharge.

3.  On 7 June 2001, the separation authority approved the Chapter 10 request and directed the applicant's discharge with a characterization of service of UOTHC.  The applicant was reduced to the lowest enlisted rank. 

4.  The applicant was discharged from the Army on 13 June 2001, with a characterization of service of UOTHC under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial, with a Separation Program Designator code (SPD) of KFS and a RE code of 4. 

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

6.  The applicant’s record does not show any recorded actions under the UCMJ or any negative counseling statements.  However, the applicant's record shows he achieved the rank of SPC/E-4.  At the time of being charged for the wrongful use of marijuana, documents show the applicant was a PVT/E-1; however, the action that caused his reduction is not contained in the service record.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

A General Officer Memorandum of Reprimand, dated 16 February 2000, for illegal use of marijuana on 20 January 2000.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293.

POST-SERVICE ACTIVITY: 

None was provided with the application.

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate.

2.  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.

3.  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.  

DISCUSSION OF ISSUE(S):

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed.

2.  The applicant contends he was discharged without processing out.  The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge.  It also shows that after consulting with defense counsel, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

3.  The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance.  His record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general, under honorable discharge by the separation authority at the time of his separation.  

4.  The applicant contends, he has worked hard at being a model citizen since his discharge to change his life and the lives of others.  The applicant’s post-service accomplishments have been noted as outlined on the application and he is to be commended for his accomplishments since leaving the military.  

5.  The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to better his opportunities for employment.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  

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



SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Personal Appearance       Date:  18 May 2015      Location: Washington, DC

Did the Applicant Testify?  Yes 

Counsel: None

Witnesses/Observers: None 

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional documents:

	a.  Letter of Recommendation from M.D., dated 15 April 2015 (1 page)

	b.  Letter of Recommendation from L.D., 4 April 2015 (1 page)

	c.  Character Letter from J.D., dated 7 April 2015 (1 page)

	d.  Letter of Recommendation from N.G., dated 8 April 2015 (1 page)

2.  The applicant presented no additional contentions.

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

Board Vote:
Character Change:  5	No Change:  0
Reason Change:	5	No Change:  0
(Board member names available upon request)


Board Action Directed:
Issue a new DD Form 214:			Yes
Change Characterization to:		General, Under Honorable Conditions
Change Reason to:				Misconduct (Drug Use)
Change Authority for Separation:		AR 635-200, Paragraph 14-12c(2)
Change RE Code to:			4
Grade Restoration to:			NA
Other:						SPD Code to JKK


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)		AR20150002460



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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