IN THE CASE OF: Mr. BOARD DATE: 12 November 2014 CASE NUMBER: AR20140000199 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, 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 and a change to the narrative reason for separation. 2. The applicant states, in effect, he lost friends and leaders in combat and tried to self medicate by smoking marijuana. His discharge negatively impacts his ability to obtain employment. He received awards for his ability to go above and beyond for his company and platoon. He desires to reenter the military to make up for the way he departed. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 23 December 2013 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 4 June 2008 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, Chapter 14 Paragraph 14-12b, JKA, RE-3 e. Unit of assignment: A Co, 741st Military Intelligence Battalion, 704th Military Intelligence Brigade, Fort George G. Meade MD f. Current Enlistment Date/Term: 21 July 2005, 5 years g. Current Enlistment Service: 2 years, 11 months, 4 days h. Total Service: 5 years, 2 months, 17 days i. Time Lost: None j. Previous Discharges: RA (030318-050720)/HD k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 35S10, Signal Collection Analyst/11B10 Infantryman m. GT Score: 110 n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Iraq (050122-060202) q. Decorations/Awards: ARCOM-2, AGCM, NDSM, ICM-W/CS, GWOTSM ASR, OSR, CIB r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 18 March 2003, for a period of 3 years. He was 18 years old at the time of entry and a HS Graduate. He was trained in and awarded military occupational specialty (MOS) 11B10 Infantryman. He reenlisted on 21 July 2005, for a period of 5 years and was 20 years old at the time. He trained in and was awarded military occupational specialty (MOS) 35S10, Signal Collection Analyst. His record also shows he served a combat tour, earned several awards including an ARCOM-2, AGCM, and a CIB; he achieved the rank of SGT/E-5. He was serving Fort George G. Meade, MD when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 18 March 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of a pattern of misconduct for the following offenses: a. receiving a FG Article 15 for wrongfully using a controlled substance (0705), the record shows the date as 070417, b. being investigated for committing indecent assault on a female airman (0707), and c. misusing his official government computer to wrongfully access sexually explicit internet sites (0707). 2. Based on the above misconduct, the unit commander recommended an honorable discharge and advised the applicant of his rights. 3. On 18 March 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and indicated he would submit a statement on his own behalf (NIF). 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 with a general, under honorable conditions discharge. 4. On 31 March 2008, 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 4 June 2008, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, a Separation Program Designator code (SPD) of JKA and an RE code of 3. 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. An Article 15, dated 22 May 2007, for wrongfully using marijuana (070317-070417); the punishment consisted of a reduction to E-4, forfeiture of $200 pay for two months, and extra duty for 45 days (FG). 2. The record contains a positive urinalysis report coded PO (Probable Cause), dated 17 April 2007, for THC. 3. A CID Report of Investigation with sworn statements dated, 28 August 2007, indicating the applicant was under investigation for indecent assault. 4. Two Air Force Office of Special Investigation Reports, dated 2 April 2007 and 31 May 2007, indicating the victim’s interview regarding the sexual assault and photos of the victim’s room respectively. 5. Office of the Inspector General, National Security Agency, Central Security Service Investigation, dated 17 July 2007, indicating the applicant’s misuse of his government computer. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application (eight pages), a DD Form 214, certificate, order of the combat spur certificate, CIB Orders 179-08, and a DA Form 873, Certificate of Clearance/Security Determination. POST-SERVICE ACTIVITY: The applicant did not provide any information with his 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, patter of misconduct. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. ANALYST’S DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge and a change of the narrative reason for separation was carefully considered. However, after examining his military record, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or a change of the narrative reason for separation. 2. The record confirms that 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. By the pattern of misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge. The applicant’s record of service was marred by an Article 15, a positive urinalysis report, a CID Report, two Air Force Office of Special Investigation Reports, and an Inspector General, National Security Agency investigation. 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 requested a change to the narrative reason for separation. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, for a pattern of misconduct. The regulation further stipulates that no deviation is authorized. 5. The applicant contends he lost friends and leaders in combat and tried to self medicate by smoking marijuana. He had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 6. The applicant further contends his discharge negatively impacts his ability to obtain employment. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 7. The applicant also contends he received awards for his ability to go above and beyond for his company and platoon. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. However, this service was determined not to be sufficiently mitigating to overcome the reason for discharge and the characterization of service granted. 8. The applicant desires to reenter the military to make up for the way he departed. Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There is no basis to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 9. The records show the proper discharge and separation authority procedures were followed in this case. 10. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 12 November 2014 Location: Washington, DC Did the Applicant Testify: No Board Vote: Character Change: 0 No Change: 5 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) AR20140000199 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1