IN THE CASE OF: Ms. BOARD DATE: 27 March 2015 CASE NUMBER: AR20140005835 ___________________________________________________________________________ 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 to upgrade the characterization of her service from general, under honorable conditions to fully honorable. 2. The applicant states, in pertinent part and in effect, she is working to better her son’s future. An upgrade would allow her to receive assistance from the VA using her GI Bill and provide a bright future for her son. She has served her punishment and learned from her mistakes as a young adult. Her son is autistic and going through therapy and is enrolled in preschool. She has an opportunity to obtain a degree in the medical field, a great paying job, and provide her son the home and financial stability, and resources for better learning. She has been attending school at a technical Institute since November 2013 and has an estimated graduation date in October 2014. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 3 September 2009 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200, Paragraph 14-12c, JKQ, RE-3 e. Unit of assignment: HHC, 46th AG Bn (Reception), 194th Armored Bde, Fort Knox, KY f. Current Enlistment Date/Term: 3 July 2006, 4 years g. Current Enlistment Service: 3 years, 2 months, 1 day h. Total Service: 5 years, 2 months, 24 days i. Time Lost: None j. Previous Discharges: RA (040610-060702) / HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 92Y10, Unit Supply Specialist m. GT Score: 88 n. Education: HS Graduate o. Overseas Service: Germany, SWA p. Combat Service: Iraq (051005-060928) q. Decorations/Awards: AGCM; NDSM; ICM-CS; GWOTSM; ASR; OSR-2; MUC r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 10 June 2004, and reenlisted on 3 July 2006, for a period of 4 years. She was 20 years old at the time of entry and a high school graduate. She was trained in and awarded military occupational specialty (MOS) 92Y10, Unit Supply Specialist. She served in Germany and Iraq. Her record documents no other acts of valor or significant achievement. She completed 5 years, 2 months, and 24 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 8 April 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason misconduct-abuse of illegal drugs, specifically for testing positive for marijuana, receiving a FG Article 15, and having multiple negative counseling statements for being late to work, missing an appointment, and failing to be at her appointed place of duty. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of her rights. 3. On 1 May 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement on 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 6 May 2009, 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 3 September 2009, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), a Separation Program Designator code (SPD) of JKQ, and an RE code of 3. 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, 7 January 2009, marijuana. 2. Two “Summary Information” documents, dated 10 February 2009, indicates the applicant was a criminal suspect for wrongfully using marijuana on 6 April 2005, and receiving a FG Article 15 on 2 June 2005, with a punishment of a reduction to E-2 and a reduction to E-1 was suspended, forfeiture of $617 per month for two months, and 45 days of extra duty and restriction. 3. Article 15, dated 17 February 2009, for wrongfully using marijuana (090107). The punishment portion is not available; however, the unit commander’s forwarding memorandum indicates the applicant was reduced to E-2 as a result of the FG Article 15 imposed on 17 February 2009. 4. Ten negative counseling statements, dated between 7 March 2008 and 23 March 2009, for being recommended for separation; using marijuana; missing an appointment; failing to be at her appointed place of duty at the prescribed time; having a positive urinalysis for THC; not preparing for a change of command; exhibiting a general poor attitude; being disrespectful in deportment towards a superior commissioned officer; leaving her place of duty without proper authority; failing to request a leave extension in a timely manner; failing to find a replacement for a battalion CQ runner; and being respectful towards an NCO. 5. Army Substance Abuse Program (ASAP) Enrollment, undated, indicates the applicant was command referred to ASAP. 6. An MP Blotter, dated 6 April 2009, indicates the applicant was the subject of an investigation for a controlled substance violation by using marijuana. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided DD Form 214 for service under current review. POST-SERVICE ACTIVITY: The applicant states, in effect, she is attending a technical institute. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, misconduct (serious offense). 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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 document and 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 the serious incidents of misconduct and 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 an Article 15 action for violation of the Uniform Code of Military Justice and 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 has expressed her desire to have better job opportunities and the benefits of the GI Bill. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, 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. 5. The applicant contends that she was a young adult at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 6. The applicant contends that she is working to better her son’s future and attending a technical institute. The applicant’s post-service accomplishments have been noted as outlined on the application. However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted. 7. The records show the proper discharge and separation authority procedures were followed in this case. 8. 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: 27 March 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) AR20140005835 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1