BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150012525 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ___x_____ __x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150012525 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150012525 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests an upgrade of his general discharge to an honorable discharge. 2. The applicant states, in effect: a. He would like his discharge upgraded to fully honorable so that he may be eligible for his GI Bill benefits, further himself in life, attend the drafting and design course at the ITT Technical Institute, and to better support his family and himself. He understands the nature of his discharge is frowned upon but he has learned from his mistakes and would like to move on with his life. He cannot express how much this means to him. b. After his deployment, he went through a dark time and kept hearing the mortars coming in and the sound of incoming alerts. He was only human and could not take it anymore. The only comfort he had was to escape, not out of fear of returning to Iraq, but the idea of what was going on around him such as his chain of command and their lack of helping him. He asked for help so many times and the only help he got was to be told, "suck it up Soldier and drive on." It was the last straw for his mental compatibility; he had to get away. It was not only him; many of his fellow company members did the same thing. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 5 September 2007. He served in Iraq from 5 May 2009 to 25 April 2010. He was assigned to E Company 123rd Brigade Support Battalion, 4th Brigade Combat Team, Fort Bliss, TX. 2. On or about 27 September 2010, the applicant’s immediate commander was notified the applicant had tested positive for marijuana on a unit urinalysis test that was taken on 10 September 2010. 3. On 29 September 2010, he was reported absent without leave (AWOL) from his assigned unit. On 30 October 2010, he returned to military control and his assigned unit. 4. On 3 November 2010, he was counseled by his immediate supervisor for testing positive for marijuana and being AWOL from 29 September 2010 to 30 October 2010. He was told his unsatisfactory performance and misconduct would not be tolerated and if his conduct did not improve he could be processed for separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapters 5, 13, or 14. 5. On 10 January 2011, he underwent a behavioral health evaluation. The examining provider found: a. His mood and thought content were normal, his behavior was cooperative, he had the mental capacity to understand and participate in administrative proceedings, he was mentally responsible, and he was psychiatrically cleared for any administrative action deemed appropriate. b. It was her professional opinion that he would not respond to command efforts at rehabilitation or any behavior health treatments. He had been screened for post-traumatic stress disorder and traumatic brain injury; there was no condition present that would warrant a medical evaluation board. c. He denied that he had any and all behavioral health issues at that time including thoughts of suicide/homicide and he denied previous behavioral health issues related to his current disciplinary action. 6. On 19 January 2011, he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for one specification each of: * being AWOL from on or about 29 September to 30 October 2010 (32 days) * wrongfully using marijuana between on or about 11 August and 10 September 2010 7. On 23 February 2011, the applicant was notified by his immediate commander of his intent to initiate separation action against him under the provisions of Army Regulation 635-200, paragraph 14-12c(2), for misconduct - abuse of illegal drugs. The commander stated the applicant had wrongfully used marijuana and went AWOL; he was recommending the applicant receive a general discharge. 8. On 23 February 2011, the applicant acknowledged receipt of the commander's notification. On 25 February 2011, he consulted with legal counsel and was advised of the basis for the contemplated separation action for misconduct - abuse of illegal drugs, the type of discharge he could receive, its effect on further enlistment or reenlistment, the possible effects of this discharge, and the procedures and rights available to him. He declined to submit a statement on his own behalf. 9. The applicant’s commander subsequently submitted a recommendation for separation through the chain of command. In a memorandum for record, dated 24 February 2011, his commander stated that: a. Every young Soldier will make mistakes throughout their military careers and the applicant was no exception. Since his misconduct, he had received counseling from his noncommissioned officers (NCOs) and served his UCMJ. After several counseling sessions with his NCOs and the first sergeant (1SG), his conduct had been in constant decline. His constant lying and failure to report to duty were significant indicators that he did not possess the integrity and discipline to warrant continued service in the Army. b. After speaking with the applicant, he stated that he wanted to separate from the Army and begin life as a civilian; keeping him in longer than necessary was a disservice to the applicant and the Army. The applicant's lack of respect for authority and continued misconduct demonstrated time after time that he had chosen not to deviate from the wrong path he had taken. He was a negative impact on his peers and subordinates and should be separated from the Army immediately. His continued misconduct and lack of respect for authority were an immense disappointment. 10. On 4 March 2011, his senior commander recommended approval of the applicant’s separation action with a general discharge. 11. On 8 March 2011, the separation authority approved the separation action and directed the applicant’s service be characterized as general, under honorable conditions. On 17 March 2011, he was discharged accordingly. 12. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c(2), by reason of misconduct (drug abuse), with an under honorable conditions (general) characterization of service. 13. On 8 August 2014, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge and determined he was properly and equitably discharged. REFERENCES: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and abuse of illegal drugs. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. b. 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. DISCUSSION: 1. The evidence of record confirms the applicant demonstrated he could not or would not meet acceptable standards required of enlisted personnel as evidenced by wrongfully using marijuana and going AWOL for 32 days. Accordingly, his immediate commander initiated separation action against him under the provisions of Army Regulation 635-200, paragraph 14-12c(2) for misconduct. 2. His separation action was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. The type of discharge directed and the reason for separation were appropriate considering all the facts of the case. Based on his overall record, his service did not meet the meet the criteria for an honorable discharge. 3. Notwithstanding the applicant’s contention that he asked his chain of command for assistance and did not receive any help, he has not provided any evidence to support this contention. The evidence of record shows even after being counseled by his NCOs and 1SG his misconduct continued and he stated he wanted to be separated from the Army. In addition, when he underwent a behavioral health evaluation he denied he had any behavioral health issues related to his use of marijuana and going AWOL. 4. The ABCMR does not grant requests for an upgrade of discharges solely for the purpose of making the applicant eligible for veterans or other benefits. Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012525 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012525 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2