IN THE CASE OF: Mr. BOARD DATE: 10 December 2014 CASE NUMBER: AR20140002576 ___________________________________________________________________________ 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 under other than honorable conditions discharge to general, under honorable conditions. 2. The applicant states, in effect, he was discharged for failing a drug test. He states when he joined the Army he thought it would be his career. He loved serving his country however, after serving a little over two years he was diagnosed as being bipolar. He was on medication that caused him to sleep constantly. He began to oversleep and was not able to function normally. He states he had marital problems and made the bad decision to smoke marijuana. He contends he is putting his life back together since returning home and have not smoked marijuana since. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 3 February 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 9 December 2013 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: 60th Engineer Company (Vertical Construction) Fort Benning, GA f. Current Enlistment Date/Term: 18 October 2010/4 years g. Current Enlistment Service: 3 years, 1 month, 22 days h. Total Service: 3 years, 1 month, 22 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 12K10, Plumber m. GT Score: 102 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, ASR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 18 October 2010, for a period of 4 years. He was 20 years old at the time of entry and a high school graduate. His record is void of any acts of valor and achievement. He completed 3 years, 1 month, and 22 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Benning, Georgia. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature. 2. The DD Form 214 indicates that on 9 December 2013, the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the Service in lieu of trial by court-martial with a characterization of service of under other than honorable conditions. Further, the DD Form 214 shows a Separation Code of KFS, with a reentry eligibility (RE) code of 4. 3. The applicant’s available record does not show any evidence of actions under the UCMJ, or unauthorized absences or time lost. 4. The applicant’s record indicates he was approved for retirement due to a permanent physical disability effective 30 October 2013. However, those orders were rescinded on 16 September 2013. 5. The applicant contends he was discharged due to a failed urinalysis test. However, there is no evidence of a positive urinalysis in his official record. 6. On 3 December 2013, HQs, USA Garrison, Fort Benning, Georgia, Orders Number 337-2203, discharged the applicant from the Army, effective 9 December 2013. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge Orders Number 337-2203, dated 3 December 2013. 2. Retirement Orders Number 220-2259, dated 8 August 2013. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, dated 22 December 2014, a self-authored statement, and a DD Form 214. POST-SERVICE ACTIVITY: The applicant states after his discharge, he has not been using marijuana, and is putting his life back together. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a 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. 2. Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of his characterization was carefully considered. However, after examining the applicant’s record of service, the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. 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 discharge by the separation authority and it does not support an upgrade to an honorable or a general discharge at this late date. 4. The applicant contends he was discharged due to failing a drug test. Therefore, his quality of 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 Soldier. The applicant, as a Soldier, 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 or general, under honorable conditions discharge. 5. The applicant contends he was diagnosed with a bipolar disorder. However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. 6. Further, the applicant contends that he was having family issues with his spouse and feeling paranoid because of his medication which affected his behavior causing him to ultimately be discharged from the military. However, the applicant 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. 7. Moreover, the applicant’s record is void of the specific facts and circumstances surrounding his discharge; and there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discriminated. The applicant’s statements alone do not overcome the government’s presumption of regularity and there is no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. 8. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record. 9. Therefore, the reason and characterization of service being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 10 December 2014 Location: Washington, DC Did the Applicant Testify? No Counsel: None 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) AR20140002576 Page 4 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1