IN THE CASE OF: Mr. BOARD DATE: 17 April 2015 CASE NUMBER: AR20140003449 ___________________________________________________________________________ Board Determination and Directed Action 1. 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 characterization of service is too harsh based on the length and quality of the applicant's service, to include his combat service, and the medical circumstances surrounding the discharge (i.e., the record shows the applicant was referred by the Army to two civilian mental health facilities which diagnosed him with PTSD, TBI, mood disorder, anxiety disorder and a panic disorder and was prescribed medication for treatment), and as a result it is inequitable. 2. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board further determined the reason for discharge was both proper and equitable and voted not to change it. 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 under other than honorable conditions to general, under honorable conditions or honorable. 2. The applicant states, in effect, he was admitted to hospitals and discharged without required medications; and from that time his military career declined dramatically. He could have been a great Soldier if he had leaders that cared. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 18 February 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 16 January 2013 d. Reason/Authority/SPD/RE: Misconduct (Drug Abuse), AR 635-200, Chapter 14, paragraph 14-12c(2), JKK, RE-4 e. Unit of assignment: A Co, 2-34th Armor Regiment, 1st Armored Brigade Combat Team, Fort Riley, KS f. Current Enlistment Date/Term: 1 October 2010, 3 years and 18 weeks g. Current Enlistment Service: 2 years, 2 months, 5 days h. Total Service: 2 years, 2 months, 5 days i. Lost time: 41 days j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: 111 n. Education: GED Certificate o. Overseas Service: Southwest Asia p. Combat Service: Afghanistan (110412-120106) q. Decorations/Awards: NDSM ACM-W/2CS, GWOTSM, ASR, OSR, NATO MDL, CIB r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 1 October 2010, for a period of 3 years and 18 weeks. He was 18 years old at the time of entry with a GED Certificate. He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman. His record also shows he served a combat tour, earned a CIB; and he achieved the rank of PFC/E-3. He was serving at Fort Riley, KS when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 15 November 2012, 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-abuse of illegal drugs. Specifically for the following offenses: a. wrongfully possessing synthetic cannabis and marijuana, and b. being AWOL on three separate occasions. 2. Based on the above misconduct, the unit commander recommended an under other than honorable conditions discharge and advised the applicant of his rights. 3. On 16 November 2012, the applicant was afforded the opportunity to consult with legal counsel and waived his right to do so; he also waived consideration of his case by an administrative separation board, was advised of the impact of the discharge action, 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 and senior commanders reviewed the proposed action and recommended approval with an under other than honorable conditions discharge. 4. On 27 November 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions. The applicant was reduced to the lowest enlisted rank. 5. The applicant was discharged from the Army on 16 January 2013, with a characterization of service of under other than 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 4. 6. The applicant’s record of service indicates 41 days of time lost for being AWOL from 2 October 2012 until 3 October 2012 for 2 days, mode of return unknown; 5 October 2012 until 8 October 2012 for 4 days, mode of return unknown; 11 October 2012 until 1 November 2012 for 21 days, apprehended by civil authorities; and 18 December 2012 until 1 January 2013 for 14 days, mode of return unknown. Also on 2 November 2012, the applicant’s duty status changed from confined by civil authorities to confined by military authorities and back to confined by civil authorities from 0900 to 0300 hrs. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. An Article 15, dated 17 September 2012, for wrongfully possessing synthetic cannabis (120719); the punishment consisted of a reduction to E-2, reduction to E-1 (suspended), forfeiture of $745 pay for two months (suspended), extra duty for 45 days and restriction for 45 days, (FG). 2. The applicant received two negative counseling statements, dated 24 July 2012 and 1 October 2012, for disobeying a lawful order, arrested for possession of illegal drugs, and initiation of Chapter 14 separation action. 3. The record of evidence contains a CID Report of Investigation, dated 2 October 2012, indicating the applicant was under investigation for possession of marijuana. 4. An administrative General Officer Memorandum for Reprimand (GOMOR), dated 11 September 2012, for driving under the influence of alcohol and underage drinking. 5. Two Military Police Reports dated 19 July 2012 and 18 August 2012, with allied documents regarding the alcohol related incident, indicating the applicant was under investigation for possession of a controlled substance (K2) and driving under the influence of alcohol or drugs off post respectively. 6. The record contains nine DA Forms 4187 (Personnel Action), dated between 11 October 2012 and 1 January 2013, showing the applicant’s present for duty, AWOL, confinement and dropped from rolls dates. 7. A DD Forms 553 (Deserter/Absentee Wanted by the Armed Forces), dated 16 October 2012, indicating the applicant was wanted as a deserter. 8. A DD Form 616 (Report of Return of Absentee) dated 2 November 2012, indicating the applicant was apprehended by civil authorities. 9. DA Form (Report of Mental Status Evaluation), dated 22 March 2007, indicating the applicant was diagnosed with an adjustment disorder with anxiety and depressed mood, K-2 abuse. He had positive screens for PTSD and TBI, further assessments of those areas was warranted. The applicant was cleared by behavioral medicine to proceed with the Chapter process. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, Salina Regional Health Center documents (seven pages), and Prairie Review Behavioral & Mental Healthcare document (eight pages). 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 his characterization of service was carefully considered. 2. After examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are several mitigating factors to merit a partial upgrade of the applicant's discharge to general, under honorable conditions for the following reasons: a. Length and quality of service: The applicant served 2 years, 2 months, and 5 days of his initial contract of 3 years and 18 weeks, thus the preponderance of his service was honorable. b. The record confirms the applicant served a combat tour in Afghanistan. c. Medical circumstances surrounding the discharge (i.e., the record shows the applicant was referred by the Army to two civilian mental health facilities which diagnosed him with PTSD, TBI, mood disorder, anxiety disorder and a panic disorder. He was prescribed several medications to treat these conditions). 3. This recommendation was made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct. The evidence in this case supports a conclusion that the applicant’s characterization of service is too harsh and as a result, it is inequitable. 4. In view of the foregoing, the characterization of the discharge is inequitable and the analyst recommends the Board grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. 5. The applicant contends he could have been a great Soldier if he had leaders that cared. By the misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge. 6. Therefore, the reason for discharge was fully supported by the record and remains both proper and equitable. 7. The records show the proper discharge and separation authority procedures were followed in this case. 8. Therefore, the reason for discharge 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: 17 April 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: General, Under Honorable Conditions 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) AR20140003449 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1