IN THE CASE OF: Mr. BOARD DATE: 24 April 2015 CASE NUMBER: AR20140006522 ___________________________________________________________________________ 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 noted that the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. Accordingly, the Board voted to change the characterization of service to honorable. The Board found the reason for discharge was fully supported by the record 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 to upgrade the characterization of his service from general, under honorable conditions to fully honorable. 2. The applicant states, in effect, at the time of his discharge, he was informed his discharge status would be automatically upgraded in six months. Since August 2013, he has been enrolled in college. He is a nine-year veteran trying to attend college and needs his Post 9/11 GI Bill benefits for school and housing. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 8 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 12 September 2003 d. Reason/Authority/SPD/RE Code: Misconduct, AR 635-200, Paragraph 14-12c(2), JKK, RE-4 e. Unit of assignment: Btry C, 4th Bn, 3rd ADA, Fort Riley, KS f. Current Enlistment Date/Term: 6 June 2002, 2 years g. Current Enlistment Service: 1 year, 3 months, 7 days h. Total Service: 9 years, 1 month, 11 days i. Time Lost: None j. Previous Discharges: RA (940802-970917) / HD RA (970918-020605) / HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 14R10, Bradley Linebacker Crewmember m. GT Score: 90 n. Education: HS Graduate o. Overseas Service: Korea, Germany, Kosovo p. Combat Service: None q. Decorations/Awards: AAM; AGCM-3; NDSM-2; KCM; ASR; OSR-2 r. Administrative Separation Board: No, waived his right to legal counsel s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 2 August 1994, and reenlisted twice. The latter reenlistment was on 6 June 2002, for a period of 2 years. He was 23 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 14R10, Bradley Linebacker Crewmember. He served in Kosovo, Germany, and Korea. He earned an AAM. He completed 9 years, 1 month, and 11 day of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record shows that on 15 August 2003 (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, AR 635-200, by reason of misconduct—commission of a serious offense, for wrongfully using cocaine on one occasion. 2. The unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. On 15 August 2003, the applicant waived his right to consult with legal counsel, indicated he understood the impact of the discharge action and made no election on his right of having his case considered by an administrative separation board, and did not submit a statement on his 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 of the separation with a general, under honorable conditions discharge. 4. On 27 August 2003, 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 12 September 2003, 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, 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. There is a positive urinalysis report contained in the record: IU, Inspection Unit, 29 May 2003, cocaine. 2. Rehabilitation Failure Statement for Chapter 9, undated, rendered by an ASAP counselor, indicates the applicant was self-referred on 16 August 2002, and in consultation with the unit commander, the applicant was determined to be a rehabilitative failure based on his continued drinking during treatment through 2 May 2003. 3. Report of Mental Status Evaluation, dated 9 July 2003, indicates that there was no evidence of thought, significant mood, or anxiety disorder, and that the applicant was competent to understand and participate in any administrative process deemed appropriate by his command. 4. Article 15, dated 25 June 2003, for wrongfully using cocaine (030525-030529). The punishment consisted of a reduction to the grade of E-3, forfeiture of $764 per month for two months, and 45 days of extra duty and restriction, (FG). 5. There are no negative counseling statements available. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an NPRC cover letter, dated 3 April 2014. POST-SERVICE ACTIVITY: The applicant states, in effect, he was attending college but was informed he was ineligible for the Post 9/11 GI Bill benefits. 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 was carefully considered. After a careful review of the entire applicant’s military records, and the issue submitted with the application, the characterization of service appears to be improper. 2. The record confirms that the government introduced into the discharge packet information on the applicant’s self-enrollment to the Army Substance Abuse Program (ASAP). This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of an honorable characterization of service. 3. The records show the proper discharge and separation procedures were not followed in this case. 4. Therefore, the characterization of service being improper, recommend the Board grant full relief by upgrading the applicant’s characterization to honorable. However, the reason for the discharge was fully supported by the record and 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: 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: 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) AR20140006522 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1