IN THE CASE OF: BOARD DATE: 12 June 2015 CASE NUMBER: AR20140008959 ___________________________________________________________________________ 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 his general, under honorable conditions discharge to honorable. 2. The applicant states, in effect, his discharge is inequitable because it is based on one isolated event in his 28 months of service with no other derogatory adverse action. He contends, he was denied disability for his service-connected Post Traumatic Stress Disorder (PTSD) and must have an honorable discharge to be accepted. He states, the narrative reason for separation is misconduct, however, there is no pattern for or of misconduct before separation. He was on the fast track for promotions and did his job very well. He states he could have remained in the service and been demoted and received a loss of pay but requested to be discharged from the military. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 21 May 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 6 May 2009 d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200, Chapter 14-12c(2), JKK, RE-4 e. Unit of assignment: HHC, 2nd Battalion, 23 Infantry Regiment, Fort Lewis, WA f. Current Enlistment Date/Term: 13 May 2008/6 years g. Current Enlistment Service: 11 months, 24 days h. Total Service: 2 years, 1 month, 29 days i. Time Lost: None j. Previous Discharges: RA, 070308-080512, HD k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 13F10, Fire Support Specialist m. GT Score: 110 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Iraq (070921-080712) q. Decorations/Awards: NDSM, GWOTSM, ICM-CS, ASR, OSR, OSB, CAB r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 8 March 2007, for a period of 5 years and 17 weeks. He was 21 years old at the time of entry and a high school graduate. He reenlisted on 13 May 2008, for a period of six years. He served in Iraq and earned a CAB. He completed 2 years, 1 month, 29 days of active duty service. When his discharge proceedings were initiated, he was serving in Fort Lewis, WA. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 31 March 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Army Regulation 635-200, Chapter 14-12c(2), for misconduct (drug abuse). Specifically for the wrongful use of marijuana between 6 December 2008 and 6 January 2009 and between 10 January 2009 and 10 February 2009. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 8 April 2009, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in 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 15 April 2009, the separation authority waived further rehabilitation efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was separated on 6 May 2009, under the provisions of Army Regulation 635-200, Chapter 14-12c(2), with a general, under honorable conditions discharge, an SPD code of JKK, and an RE code of 4. 6. The applicant’s record contains no evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There is one positive urinalysis report contained in the record: IU, Inspection Unit, 6 January 2009, marijuana 2. Two negative counseling statements, dated 26 January 2009 and 10 February 2009 for a positive urinalysis and failure to report. 3. MEDCOM FORM 699-R (Mental Status Evaluation), dated 9 March 2009, reflects the applicant had a clear and normal thought process and content, was mentally responsible, and could distinguish between right and wrong. 4. A memorandum, dated 17 February 2009, reflects the applicant’s security clearance was suspended for admitting use of marijuana on numerous occasions. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 19 May 2009 and a DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any in support of 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, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The record confirms the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier. The applicant, as a Soldier, 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 a positive urinalysis test for marijuana and two negative counseling statements. 3. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. 4. The applicant contends the incident that caused his discharge was the only one in his entire Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 5. The applicant contends he has been denied disability for his service-connected PTSD. However, the service record contains no evidence of a PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. Further, eligibility for veteran's benefits 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. 6. The records show the proper discharge and separation authority procedures were followed in this case. 7. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. 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: 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) AR20140008959 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1