1. APPLICANTS NAME:
a. Application Date: 7 April 2015
b. Date Received: 13 April 2015
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. The applicant states, in effect, at the time of discharge, he was dealing with a deep cycle of depression and pain. He has not gotten over the death of his mother and sister because both deaths were sudden. In a personal appearance conducted at Arlington, Virginia, on 19 October 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, (Serious Offense)/AR
635-200, Paragraph 14-12c/JKQ/RE-3/General, Under Honorable Conditions
b. Date of Discharge: 19 June 2012
c. Separation Facts:
(1) Date of Notification of Intent to Separate: 17 May 2012
(2) Basis for Separation: The applicant was informed of the following reasons for his discharge; wrongfully used synthetic marijuana, violating a lawful general order.
(3) Recommended Characterization: General, Under Honorable Conditions
(4) Legal Consultation Date: 17 May 2012
(5) Administrative Separation Board: None
(6) Separation Decision Date/Characterization: 17 May 2012/General, Under Honorable Conditions
4. SERVICE DETAILS:
a. Date/Period of Enlistment: 14 April 2010/5 years
b. Age at Enlistment/Education/GT Score: 19 years/HS Graduate/NIF
c. Highest Grade Achieved/MOS/Total Service: PFC/E-3/31B10, Military Police/2 years, 2 months and 6 days
d. Prior Service/Characterizations: None
e. Overseas Service/Combat Service: None
f. Awards and Decorations: NDSM, ASR
g. Performance Ratings: None
h. Disciplinary Action(s)/Evidentiary Record: Article 15 dated 1 May 2012, for violating a general order, by wrongfully using a prohibited chemically augmented herbal substance
(21 April 2010); reduction to E-1; extra duty for 30 days, and an oral reprimand (FG).
CID report dated 19 March 2012, indicates the applicant was under investigation for wrongful use and introduction of synthetic cannabinoids, failure to obey a general order and wrongful possession of synthetic cannabinoids.
The applicant received a negative counseling statement for failing to obey a lawful general order or regulation.
i. Lost Time: None
j. Diagnosed PTSD/TBI/Behavioral Health: None
5. APPLICANT-PROVIDED EVIDENCE: A DD Form 293
6. POST SERVICE ACCOMPLISHMENTS: None provided by the applicant.
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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial.
8. DISCUSSION OF ISSUE(S): The applicant requests to upgrade his general, under honorable conditions discharge to honorable. The applicants record of service and the issues submitted with his application was carefully reviewed.
The record confirms the applicants 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. By the documented acts of serious misconduct, the applicant marred the quality of his service below that meriting an honorable discharge at the time of separation from the Army.
The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicants service mitigated the misconduct or poor duty performance.
The applicant seeks relief contending, at the time of discharge, he was dealing with a deep cycle of depression. He has not gotten over the death of his mother and sister because both deaths were sudden. While the applicant may believe his cycle of depression 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.
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. Witness(es): Yes
10. The applicant provided no additional documents or contentions.
11. BOARD ACTION DIRECTED:
b. Issue a new DD-214: No
c. Change Characterization to: No Change
d. Change Reason to: No Change
e. SPD/RE Code Change to: No Change
f. Restoration to Grade: N/A
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
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