IN THE CASE OF: Mr. BOARD DATE: 24 April 2015 CASE NUMBER: AR20140005838 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation which follows, the Board determined the discharge to be 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, and to change the narrative reason for his discharge and its corresponding codes. 2. The applicant states, in pertinent part and in effect, he has not been the same since returning from his combat tour. He was suffering from PTSD and chose to use drugs to cope with his stress. He has been diagnosed with PTSD by a VA medical center. He believes he is entitled to his GI Bill benefits because of his combat tour and his effort to improve his life. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 1 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 30 September 2005 d. Reason/Authority/SPD/RE Code: Misconduct, Abuse of Illegal Drugs, AR 635-200, Paragraph 14-12c(2), JKK, RE-4 e. Unit of assignment: CP Det, A Co, STB, 15th Support Bde, 1st Cavalry Division, Fort Hood, TX f. Current Enlistment Date/Term: 16 May 2002, 4 years g. Current Enlistment Service: 3 years, 4 months, 15 days h. Total Service: 3 years, 4 months, 15 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 25U10, Signal Support Systems Specialist m. GT Score: 98 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Iraq (040302-050317) q. Decorations/Awards: AAM; NDSM; GWOTEM; GWOTSM; ASR 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 16 May 2002 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) 25U10, Signal Support Systems Specialist. He served in Iraq. He earned an AAM. He completed 3 years, 4 months, and 15 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 9 September 2005, 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 (serious offense), specifically for the following incidents: a. receiving a FG Article 15 (050830), for wrongfully using marijuana; b. receiving a FG Article 15 (050714), for wrongfully using cocaine; and c. receiving a vacation of his suspended punishment (050809), for failing to be at his appointed place of duty at the prescribed time. 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 13 September 2005, the applicant consulted with legal counsel, 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 commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge. 4. On 23 September 2005, 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 30 September 2005, 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, abuse of illegal drugs, a Separation Program Designator code (SPD) of JKK, and an 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. Article 15, dated 30 August 2005, for wrongfully using marijuana (050708-050808). The punishment consisted of forfeiture of $617 per month for two months, and 45 days of extra duty and restriction, (FG). 2. Record of Supplementary Action under Article 15, UCMJ, dated 9 August 2005, indicates the suspended punishment of 45 days of restriction imposed on 14 July 2005, was vacated based on the applicant failing to go to his appointed place of duty at the prescribed time (050731). 3. Article 15, dated 14 July 2005, for wrongfully using cocaine (NIF). The punishment consisted of a reduction to the grade of E-1, forfeiture of $617, 45 days of extra duty, and 45 days of restriction (suspended), (FG). 4. A negative counseling statement dated 1 August 2005, for failing to report for duty. There is a memorandum for record, dated 22 September 2005, subject: Loss of Counseling Packet, which is self-explanatory. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided DD Form 214 for service under current review; VA decision letter, dated 27 September 2013; and records of medical progress notes, dated 21 September 2012. POST-SERVICE ACTIVITY: The applicant provided none. 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 an RE Code of 4. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge and to change the narrative reason for his discharge with its separation codes 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 3 years, 4 months, and 15 days of his four-year enlistment, thus the preponderance of his service was honorable. b. The record confirms the applicant was awarded an AAM for a tour in combat. c. The applicant’s record reflects documentary evidence of his mental health issues and mitigating factors that PTSD-related disorder existed at the time of his discharge as outlined on his report of medical history while on active duty. 3. The applicant contends the Veterans Administration has granted him a service connected disability for Post-Traumatic Stress Disorder (PTSD) as reflected by the documentary evidence he provided. 4. 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. 5. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 with a general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the separation code is "JKK." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 6. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, 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. 7. In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant partial 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: 24 April 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 2 No Change: 3 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) AR20140005838 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1