IN THE CASE OF: Ms. BOARD DATE: 18 March 2015 CASE NUMBER: AR20140007038 ___________________________________________________________________________ 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 honorable. In addition, the applicant requests a change to the narrative reason for separation. 2. The applicant states, in effect, she was wrongfully discharged because she completed the Army Substance Abuse Program (ASAP) but was not given a second chance. The applicant contends the narrative reason for her discharge is hindering her from job opportunities. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 17 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 25 June 2011 d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200, Chapter 14-12c(2), JKK, RE-4 e. Unit of assignment: 225th Brigade Support Battalion (Rear), 2d Brigade Combat Team (Rear) (Provisional), 25th Infantry Division (Rear) (Provisional), Schofield Barracks, HI f. Current Enlistment Date/Term: 13 January 2009/4 years g. Current Enlistment Service: 2 years, 5 months, 13 days h. Total Service: 2 years, 5 months, 13 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 91G10, Fire Control Repairer m. GT Score: 100 n. Education: HS Graduate o. Overseas Service: Hawaii p. Combat Service: None q. Decorations/Awards: NDSM, GWTSM, ASR r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 13 January 2009, for a period of 4 years. She was 24 years old at the time of entry and a high school graduate. She served in Hawaii and completed 2 years, 5 months, and 13 days of active duty service. When her discharge proceedings were initiated, she was serving at Schofield Barracks, Hawaii. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the Army. However, the applicant submitted a partial copy of her separation packet which shows on an unknown date, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 14-12c(2), by reason 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 the applicant be retained in the Army; however, if the recommendation is denied, the commander recommended a general, under honorable conditions discharge. 3. There is an undated blank election of rights memorandum which was not signed by the applicant or her consulting counsel. The unit commander subsequently recommended the applicant be retained in the Army. 4. The applicant’s service record is void of the remaining facts and circumstances concerning the events (i.e. the intermediate commander’s recommendation, and the approving authority’s recommendation) leading to the discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. 5. The DD Form 214 indicates on 25 June 2011, the applicant was discharged under the provisions of AR 635-200, Chapter 14-12c(2), for misconduct (drug abuse), with a characterization of service of general, under honorable conditions, a Separation Program Designator (SPD) code of JKK and a reentry (RE) code of 4. 6. The applicant’s available record does not show any unauthorized absences or time lost. 7. On 14 April 2011, United States Army Garrison-Hawaii, Schofield Barracks, Hawaii, Discharge Orders Number 104-0015, discharged the applicant from the Army effective 2 May 2011. On 26 April 2011, Amendment Orders Number 116-0014, rescinded discharge effective date to 25 June 2011. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge Orders Number 104-0015, dated 14 April 2011, United States Army Garrison-Hawaii, Schofield Barracks, Hawaii, shows the applicant was discharged from the Regular Army with an effective date: 2 May 2011. 2. Amendment Orders Number 116-0014, dated 26 April 2011, United States Army Garrison-Hawaii, Schofield Barracks, Hawaii, rescinded the discharge effective date to 25 June 2011. 3. 6 January 2011, IU-coded UA results showing positive for THC. 4. 21 January 2011, counseling statement for testing positive. 5. 02 February 2011, incomplete Article 15 Record of Proceedings for violating Article 112a of the UCMJ by testing positive for marijuana use. EVIDENCE SUBMITTED BY THE APPLICANT: 1. The applicant provided DD Form 149, dated 8 April 2014, and a DD Form 214 covering the period of service under review. 2. The applicant provided an incomplete copy of her case separation file. The packet contained the unit commander’s memorandum, the applicant’s acknowledgement memo (without signatures and undated), a blank election of rights memorandum, a urinalysis results report, a developmental counseling form, and a record of proceedings under Article 15, UCMJ (initiated, but not finalized, by the imposing authority). 3. US Army Installation Management Command Pacific Region Verification Memorandum, undated, written by Ms. C, verifies the applicant was in need of substance abuse treatment, the applicant was receptive and cooperative with the provider’s treatment recommendations, and the fact that the applicant would be a productive Soldier in the Army if she receives the necessary treatment she needs. 4. Letter of recommendation, dated 24 March 2011, written by the applicant’s former platoon sergeant, SFC H. SFC H states she does not condone the applicant’s misconduct; however, feels the applicant has learned her lesson and would not commit the misconduct again. SFC H recommends the applicant is retained in the Army. 5. Field Grade Article 15 imposed on 28 February 2011, for wrongfully using marijuana. The punishment imposed consisted of reduction to Private (E-2), and forfeiture of $822.00 pay per month for 2 months, suspended. This Article 15 was taken from the unit commander’s memorandum recommending the applicant be retained in the Army. POST-SERVICE ACTIVITY: None was provided with the 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. 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 14-12c, (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 her discharge and change to narrative reason for separation was carefully considered. However, after examining the applicant’s record of service, her military records, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The applicant’s record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. 3. The DD Form 214 also indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14-12c(2), by reason of misconduct (drug abuse), with a characterization of service of general, under honorable conditions. Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 4. The applicant's contentions about completing ASAP but not given a second chance were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant’s statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. 5. The applicant contends that a change to the narrative reason for discharge will allow her to obtain better employment. 6. If the applicant desires a personal appearance hearing, it will be her responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record. 7. The applicant contends the narrative reason for her discharge is hindering her from job opportunities. However, 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), for drug offenses. The regulation further stipulates that no deviation is authorized. 8. Further, 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. Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 9. Therefore, based on the available evidence and the government presumption of regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 18 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) AR20140007038 Page 6 of 7 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1