IN THE CASE OF: BOARD DATE: 27 June 2014 CASE NUMBER: AR20140008461 ___________________________________________________________________________ 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 that his general, under honorable conditions discharge be changed to honorable. 2. The applicant states, in effect, that his overall health condition was not taken into consideration during his discharge process. He contends at the time of discharge he was suffering from PTSD to include traumatic brain injury, depression, anxiety disorder, headaches, memory loss, insomnia, and back injury all as a result of the gulf war. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 12 May 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 12 May 2009 d. Reason/Authority/SPD/RE Code: In Lieu of Trial by Court-Martial, AR 600-8-24 Paragraph 3-13, DFS, NA e. Unit of assignment: HHB, 10th Bn, 10th FA, Fort Benning, GA f. Current Entry Date/Term: 13 July 2006, NIF g. Current Term Net Active Service: 2 years, 10 months h. Total Service: 6 years, 1 month, 12 days i. Time Lost: None j. Previous Discharges: RA-030401-060712/HD k. Highest Grade Achieved: O-2 l. Military Occupational Specialty: 25A, Signal m. GT Score: NA n. Education: 16 Years o. Overseas Service: Southwest Asia p. Combat Service: Iraq (050127-060120 and 070619-080514) q. Decorations/Awards: BSM, ARCOM-2, AAM, AGCM, ICM-w/CS NDSM, GWOTEM, GWOTSM, NPDR, ASR OSR-2, AFRM-w/M Device, CAB r. Administrative Separation Board: No s. Performance Ratings: Yes t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 1 April 2003, for a period of 6 years. He was 26 years old at the time of entry and had 16 years of education. On 12 July 2006, he was discharge to accept commission or warrant in the Army. His record indicates he served in Iraq, earned several awards to include the BSM, two ARCOMs, an AAM, an AGCM, and the CAB, and achieved the rank of 1LT/O-2. He completed a total of 6 years, 1 month, and 12 days of military service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 23 February 2009, the applicant was charged with wrongfully using marijuana between (081207 and 090106). 2. On 27 March 2009, the applicant consulted with legal counsel and voluntarily tendered his resignation from the Army in writing, under the provisions of Chapter 3, paragraph 3-13, AR 600-8-24, contingent upon receiving a characterization of service no less favorable than a general, under honorable conditions discharge, for the good of the Service in lieu of trial by a general court-martial or a board of officers. The applicant's chain of command's recommendations recommended approval of his resignation with issuance of a general, under honorable conditions discharge are not contained in the available record. On 3 April 2009, the Commander, HQS, USA Infantry Center and Fort Benning, Fort Benning, GA, recommended approval of the applicant's resignation with issuance of a general, under honorable conditions discharge. 3. On 23 April 2009, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 4. The applicant was discharged from the Army on 12 May 2009, with a characterization of service of general, under honorable conditions. 5. The applicant's record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There are no counseling statements or UCMJ actions in the record. 2. Two successful OER's covering the period of 17 March 2007 to 15 November 2008. 3. PDA Scanning Record, dated 5 September 2008. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, a letter dated 7 April 2014 from the Department of the Air Force, in response to his application to the Physical Disability Board of Review, a letter dated 29 August 2008, from the Department of the Army, reference the approval of the applicant's Physical Evaluation Board Action under provision of AR 635-40 and supporting documents, a copy of his decision letter dated 17 September 2009 and 5 January 2010 from the Department of Veterans Affairs, and a copy of his DD Form 214 for the period of service under review. POST-SERVICE ACTIVITY: None provided with the application. REGULATORY AUTHORITY: 1. Army Regulation 635-100 sets forth the basic authority for the separation of commissioned and warrant officers from the active Army. Chapter 3, Section XV establishes policy and procedures for involuntary relief from active duty. Paragraph 3-58(g) provides that an officer who is found guilty, or action is taken tantamount to a finding of guilty, in a Federal or State court may be immediately released from active duty by the Secretary of the Army, when the offense is punishable under the UCMJ with confinement of 1 year or more, or when the offense involves moral turpitude, regardless of the sentence received or the maximum punishment under any code. 2. Army regulation 600-8-24 prescribes the policies and procedures governing the transfer and discharge of Army officers. Chapter 3, paragraph 3-13 outlines the rules for processing requests for resignation for the good of the Service in lieu of trial by a general court-martial. 3. A discharge under other than honorable conditions is an administrative separation from the service under conditions other than honorable. An officer will normally receive an under other than honorable conditions when they resign for the good of the service, are dropped from the rolls of the Army, are involuntarily separated due to misconduct, moral or professional dereliction, or for the final revocation of a security clearance as a result of an act or acts of misconduct. 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, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The record indicates the applicant was charged with the commission of offenses punishable under the Uniform Code of Military Justice with a punitive discharge. The applicant voluntarily requested resignation in lieu of trial by general court-martial under the provisions of Chapter 3, paragraph 3-13, AR 600-8-24. The appropriate authority approved the applicant's request and issuance of a general, under honorable conditions characterization of service. The record confirms that by the misconduct, the applicant diminished the overall quality of his service below that meriting an honorable discharge. 3. Furthermore, the applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a commissioned officer. The applicant, as an officer, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. The applicant’s record of service was marred by his incident of wrongfully using marijuana. 4. The applicant contends his overall health condition was not taken into consideration during the discharge process and that at the time of discharge he was suffering from PTSD to include traumatic brain injury, depression, anxiety disorder, headaches, memory loss, insomnia, and back injury all as a result of the gulf war. Evidence of record shows that a PEB evaluated the applicant and determine he was fit for duty based on a review of objectives medical and personnel evidence of record, he was fit for duty within the limitations of his profile. His right hip pain had been present for three years and had not interfered with the performance of his duties as a Signal Corps Officer. 5. The applicant's contention that he suffered from PTSD to include traumatic brain injury, depression, anxiety disorder; headaches, memory loss, and insomnia were noted. However, there is a presumption of regularity in the conduct of governmental affairs. This presumption 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 he suffered from the mentioned medical issues or a change to the characterization of service granted. The applicant’s statements alone does not overcome the presumption of government regularity in this case and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. 6. If the applicant desires a personal appearance, it is his responsibility to meet the burden of proof since the evidence is not available in the official record. The applicant will need to provide the appropriate documents or other evidence (i.e., discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. 7. Therefore, based on the available evidence and the presumption of government 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: 27 June 2014 Location: Washington, DC Did the Applicant Testify? No Counsel: None 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: No Change Change RE Code to: No Change 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) AR20140008461 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1