IN THE CASE OF: Mr. BOARD DATE: 6 May 2015 CASE NUMBER: AR20140003904 ___________________________________________________________________________ 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 that the characterization of service was too harsh; based on the applicant’s length and quality of his service, to include, his combat service; and documentary evidence showing mitigating factors that Post-Traumatic Stress Disorder-related disorder existed at the time of his discharge, and as a result, it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was 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 to upgrade the characterization of his service from general, under honorable conditions to fully honorable. 2. The applicant states in his application and self-authored statement, in pertinent part and in effect, he had insomnia issues. He informed his superiors that it was difficult for him to perform his job. He tried different types of prescribed sleeping medications and other treatments, but none worked. A friend gave him some THC to help him sleep; however, he is not sure if it worked but he was able to sleep for six hours. He adds, since returning from Iraq and recalling the abuse he endured during childhood, he felt lost, confused, and could not do anything right. The worst decision he ever made was turning to drugs. He has never been in any trouble previously, not even a negative counseling statement. He is a better man now. He is currently enrolled in college and staying clean with the law. He is mature now and completely understands that drugs are a temporary fix, and has learned from his mistake. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 27 February 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 20 April 2013 d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200, Paragraph 14-12c(2), JKK, RE-4 e. Unit of assignment: HHD, 102nd Sig Bn, 2nd Sig Bde, 5th Sig Cmd NETCOM, Wiesbaden, Germany f. Current Enlistment Date/Term: 2 October 2010, 4 years g. Current Enlistment Service: 2 years, 6 months, 19 days h. Total Service: 5 years, 1 month, 16 days i. Time Lost: None j. Previous Discharges: RA (080305-101001) / HD k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 92Y10, Unit Supply Specialist m. GT Score: 105 n. Education: HS Graduate o. Overseas Service: Germany, SWA p. Combat Service: Iraq (100405-110112) q. Decorations/Awards: AAM-5; AGCM; NDSM; ICM-CS; GWOTSM; NPDR ASR; OSR; MUC r. Administrative Separation Board: No s. Performance Ratings: Yes t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 5 March 2008, and reenlisted on 2 October 2010, for a period of 4 years. He was 21 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 92Y10, Unit Supply Specialist. He served in Germany and Iraq. He earned five AAM awards. He completed 5 years, 1 month, and 16 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 6 March 2013 (as acknowledged by the applicant), 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 misconduct-abuse of illegal drugs, specifically for wrongfully using marijuana and receiving an Article 15 (130125) for assault, and drunk and disorderly conduct. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. On 7 March 2013, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted 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. In an undated memorandum, 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 20 April 2013, 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), a Separation Program Designator code (SPD) of JKK, and a RE code of 4. 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. There is a positive urinalysis report contained in the record: IR, Inspection Random, 20 December 2012, marijuana. 2. Article 15, dated 25 January 2013, for assault (121013) and being drunk and disorderly (121013). The punishment consisted of a reduction to the grade of E-4 (suspended), forfeiture of $600 per month for two months, and 45 days of extra duty and restriction, (FG). On 25 March 2013, the punishments of 45 days of extra duty and restriction were set aside. 3. A negative counseling statement, dated 31 January 2013, for wrongfully using a controlled substance, and being identified for testing positive for THC during a unit urinalysis. 4. Two NCOERS: a. A “Relief for Cause” report covering the period of 8 December 2012 to 13 March 2013. The applicant was rated as “Marginal” and received 4/2 from the senior rater. b. A “Change of Rater” report covering the period of 1 January 2012 to 7 December 2012. The applicant was rated as “Fully Capable” and received 2/1 from the senior rater. 5. DA Form 1059, Service School Academic Evaluation Report, dated 22 June 2011, indicates the applicant achieved the course standards of the Warrior Leader Course. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a self-authored statement. POST-SERVICE ACTIVITY: The applicant states, in effect, he is currently enrolled in college and staying clean with the law. 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 "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(2), misconduct (drug abuse). 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned a RE Code of 4. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. 2. After examining the applicant’s record of service, his military records, and the documents and issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to honorable for the following reasons: a. Length and quality of service: The applicant served a total of 5 years, 1 month, and 16 days, thus the preponderance of his service was honorable. The record confirms the applicant was awarded five AAM. b. The applicant’s record reflects documentary evidence of his mental health issues and mitigating factors that a Post-Traumatic Stress Disorder (PTSD)-related disorder existed at the time of his discharge as indicated in his health record as having chronic PTSD medical issues while on active duty. 3. This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct. The PTSD evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result inequitable. 4. In view of the foregoing, the characterization of the discharge appearing to be inequitable, it is recommended the Board grant relief in the form of an upgrade of the characterization of service to honorable. However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 6 May 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 3 No Change: 2 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: Honorable 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) AR20140003904 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1