IN THE CASE OF: Mr. BOARD DATE: 12 December 2014 CASE NUMBER: AR20140001482 ___________________________________________________________________________ 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. 2. The applicant states, in effect, his buddy committed suicide while they were deployed in Bosnia and he recovered the body. Soon after his wife divorced him while in Germany; he was depressed and used marijuana. He was a great Soldier before his misconduct. He desires to receive VA benefits. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 22 January 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 6 March 2000 d. Reason/Authority/SPD/RE: Misconduct (Abuse of Illegal Drugs), AR 635-200, Chapter 14, paragraph 14-12c(2), JKK, RE-3 e. Unit of assignment: Maintenance Troop, Regimental Support Squadron, 2nd Armored Cavalry Regiment, Fort Polk, LA f. Current Enlistment Date/Term: 25 November 1998, 2 years g. Current Enlistment Service: 1 year, 3 months, 12 days h. Total Service: 7 years, 11 months, 18 days i. Lost time: None j. Previous Discharges: RA (920319-950921)/HD RA (950922-981124)/HD k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 45G10, Fire Control Systems Repairer m. GT Score: 108 n. Education: HS Graduate o. Overseas Service: Germany p. Combat Service: None q. Decorations/Awards: AAM-3, AGCM-2, NDSM, AFEM, ASR, OSR, NATO MDL r. Administrative Separation Board: No s. Performance Ratings: Yes t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 19 March 1992, for a period of 5 years. He was 21 years old at the time of entry and a HS Graduate. He was trained in and awarded military occupational specialty (MOS) 45G10, Fire Control Systems Repairer. He reenlisted on 22 September 1995, for a period of 4 years and was 24 years old at the time. His last enlistment on 25 November 1998 was for 2 years and he was 28 years old at the time. His record does not show he served a combat tour, he earned several awards including three AAMs and two AGCMs; he achieved the rank of SGT/E-5. He was serving at Fort Polk, LA when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct-commission of a serious offense, for receiving a FG Article 15 for wrongfully using marijuana (991005). 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board if he is considered for an under other than honorable conditions discharge, and did not submit a statement on his own behalf. 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. 20 January 2000, the applicant again consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than honorable, and indicated he intended to submit a statement on his own behalf (which is not in the file). 5. On 10 February 2000, the applicant again consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation and did not indicate if a statement was or not submitted on his own behalf. 5. On 15 February 2000, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 6. The applicant was discharged from the Army on 6 March 2000, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), with a Separation Program Designator code (SPD) of JKK and an RE code of 3. 7. 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 5 October 1999, for wrongfully using marijuana (990710-990730); the punishment consisted of a reduction to E-4, forfeiture of $742 pay for two months, and extra duty for 45 days and restriction for 45 days, (FG). 2. The applicant received a negative counseling statement, dated 10 September 1999, for testing positive for marijuana. 3. The record contains a positive urinalysis report coded US (Unit Sweep) dated 30 July 1999, for THC. 4. The record contains two NCOERs, a successful report covering the period from October 1998 through December 1998 and a marginal report covering the period from January 1999 through September 1999. 5. Memorandum for Record, Mental Health Evaluation, dated 6 December 1999, indicating the applicant was psychiatrically cleared for administrative action. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, a letter, State of Colorado, Division of Veterans Affairs, VA Form 21-0781 Statement in Support of Claim for Service Connection Post Traumatic Stress Disorder (PTSD, two pages), with three associated documents, and a copy of the DD Form 293. 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicant’s record of service, his military records, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. 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 NCO. The applicant, as a NCO, 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, a negative counseling statement, a positive urinalysis report, and a relief for cause NCOER. 3. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance. 4. The applicant contends his buddy committed suicide while they were deployed to Bosnia and he recovered the body. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention his buddy committed suicide while they were deployed in Bosnia. 5. Further, this is not a matter which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. 6. The applicant further contends after his wife divorced him while in Germany; he was depressed and used marijuana. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Army Community Services, Community Counseling Center, and other resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 7. The applicant also contends he was great Soldier before his misconduct. 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 warrant an upgrade to the characterization of the discharge under review. 8. The applicant desires to receive VA benefits. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 December 2014 Location: Washington, DC Did the Applicant Testify: NA Counsel: Yes [ redacted ] Witnesses/Observers: NA 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 RE Code to: NA Grade Restoration to: NA Change Authority for Separation: 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) AR20140001482 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1