IN THE CASE OF: Ms. BOARD DATE: 4 February 2015 CASE NUMBER: AR20140003719 ___________________________________________________________________________ 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 her general, under honorable conditions discharge to fully honorable. 2. The applicant states, in effect, she served honorably in the military and deployed to Iraq performing her duties of maintaining weapons for her battalion. She earned several awards for her performance. She states, during her deployment she learned of her spouse’s unfaithfulness, illegal drug problems and abuse which resulted in legal issues. After her return from deployment, her grandmother passed and she experienced financial difficulties. She contends she sought help for these issues. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 February 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 15 April 2011 d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse) AR 635-200, Chapter 14-12c(2), JKK, RE-4 e. Unit of assignment: F Company, 203rd Brigade Support Battalion, Fort Benning, GA f. Current Enlistment Date/Term: 31 December 2008/3 years, 33 weeks g. Current Enlistment Service: 2 years, 3 months, 15 days h. Total Service: 2 years, 3 months, 15 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 91K10, Armament Repairer m. GT Score: 112 n. Education: GED o. Overseas Service: SWA p. Combat Service: Iraq, (091015-100914) q. Decorations/Awards: NDSM, GWOTSM, ICM-CS, ASR, OSR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 31 December 2008, for a period of 3 years and 33 weeks. She was 26 years old at the time of entry and had a General Equivalency Diploma (GED). She served in Iraq and did not earn any significant awards of valor or achievement. She completed 2 years, 3 months, and 15 days of active duty service. When her discharge proceedings were initiated, she was serving at Fort Benning, GA. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 15 March 2011, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c(2), for misconduct-abuse of illegal drugs. Specifically for testing positive for marijuana on 6 January 2011. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 15 March 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her 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. On 30 March 2011, 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 separated on 15 April 2011, under Army Regulation 635-200, Chapter 14-12c(2) with a general, under honorable conditions discharge, an SPD code of JKK, and an RE code of 4. 6. The applicant’s record does not contain evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There is one positive urinalysis report contained in the record which reflects the applicant tested positive for marijuana on 6 January 2011. The test was coded as Inspection, Unit (IU). As a note, the test date reflects 5 January 2011 and was corrected to read 6 January 2011. 2. DA Form 3822-R (Report of Mental Status Evaluation), dated 23 February 2011, reflects the applicant had a clear and normal thought process, was mentally responsible, and a diagnosis of cannabus abuse. The applicant screened negatively for Post Traumatic Stress Disorder and mild Traumatic Brain Injury. 3. Article 15, dated 16 February 2011, for wrongful use of marijuana. The punishment consisted of a reduction to the grade of E-2, forfeiture of $822 pay per month for two months, 45 days of extra duty and restriction, and a oral reprimand (FG). 4. Several negative counseling statements, dated between 2 June 2010 and 18 January 2011, for a positive urinalysis, command-directed mental health evaluation, disobeying an order, lying to an NCO, and refusing to train. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, dated 19 February 2014 and a DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any in support of her 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 her discharge was carefully considered. However, after examining the applicant’s record of service, her military records, and the issues 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 her 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 her service below that meriting an honorable discharge. The applicant’s record of service was marred by a FG Article 15 and several negative counseling statements. 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 contends she had good service which included a deployment to Iraq and several awards. The applicant’s service accomplishments and the quality of her 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 discharge as shown by her use of illegal drugs or by the multiple negative counseling statements and the documented action under Article 15 of the Uniform Code of Military Justice. 5. The records show the proper discharge and separation authority procedures were followed in this case. 6. Therefore, the reason for discharge and the 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: 4 February 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None 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 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) AR20140003719 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1