IN THE CASE OF: BOARD DATE: 12 June 2015 CASE NUMBER: AR20140007395 ___________________________________________________________________________ Board Determination and Directed Action 1. 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 characterization of service was improper. The record confirms the government introduced into the discharge packet a letter which disclosed the Soldier had self-referred to the Army Substance Abuse Program (ASAP) which violated the limited use policy. This is limited use information as defined in AR 600-85 and mandates award of an honorable characterization of service. 2. Accordingly, the Board voted to grant full relief and upgrade the characterization of service to honorable. However, the Board determined reason for discharge was both proper and equitable and voted not the 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 an upgrade of his discharge characterization of service from general, under honorable conditions to honorable. 2. The applicant states, in effect, his command did not handle his discharge proceedings properly. He did not receive an Article 15 before he was discharged from service. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 7 March 2013 d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200, Chapter 14, paragraph 14-12c, JKQ, RE-3 e. Unit of assignment: A Co, 563rd Aviation Support Battalion, Fort Campbell, KY f. Current Enlistment Date/Term: 13 October 2009, 5 years and 26 weeks g. Current Enlistment Service: 3 years, 4 months, 25 days h. Total Service: 3 years, 4 months, 25 days i. Lost time: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 92F10, Petroleum Supply Specialist m. GT Score: 102 n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Afghanistan (110215-120211) q. Decorations/Awards: NDSM, ACM-W/CS, GWOTSM, ASR, OSR, NATO MDL r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 13 October 2009, for a period of 5 years and 26 weeks. He was 24 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 92F10, Petroleum Supply Specialist. His record shows he served a combat tour in Afghanistan achieved the rank of PFC/E-3. He was serving at Fort Campbell, KY when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 28 February 2013, 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. Specifically for the following offenses: a. being arrested for driving under the influence of alcohol (130205), and b. failing to report to his first formation and it was discovered he was drinking alcohol during duty hours (121024). 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 28 February 2013, the applicant was afforded the opportunity to consult with legal counsel and waived his right to do so, 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 1 March 2013, 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 7 March 2013, 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), with a Separation Program Designator code (SPD) of JKQ and an RE code of 3. 6. The applicant’s service record did not contain any evidence of unauthorized absences, time lost or actions under the Uniform Code of Military Justice (UCMJ). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A Military Police Report dated 5 February 2013, indicating the applicant was under investigation for driving while under the influence on post, failing to maintain insurance, no driver’s license in his possession, having an open container, and leaving the scene of a traffic accident and was involved in a traffic accident which resulted in damage to government property. 2. Two negative counseling statements dated 25 October 20912 and 9 February 2013, both for initiation of separation action. 3. Letter, Army Substance Abuse Program (ASAP), Synopsis of Treatment, dated 2 November 2012 indicating the applicant self referred to ASAP. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293 (two pages). POST-SERVICE ACTIVITY: The applicant did not provide any information with his 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicant’s record of service, his military records, the issues and documents submitted with the application, the characterization of service was improper. 2. The record confirms the government introduced into the discharge packet a letter which disclosed the Soldier had self referred to the Army Substance Abuse Program (ASAP) which violated the limited use policy. This is limited use information as defined in AR 600-85 and 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, the analyst recommends the Board grant full relief by upgrading the applicant’s characterization of service 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: 12 June 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) AR20140007395 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1