IN THE CASE OF: BOARD DATE: 10 July 2015 CASE NUMBER: AR20140010821 ___________________________________________________________________________ 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 characterization of service to honorable. 2. The applicant states, in effect, he desires to obtain better job opportunities and to improve his morale and personal appearance to the public and future employers. He states, since his discharge he has changed and become a better person. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 16 June 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 2 February 2012 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200, Chapter 14-12c, JKQ, RE-3 e. Unit of assignment: C Troop, 1st Squadron, 11th Armored Cavalry Regiment, Fort Irwin, CA f. Current Enlistment Date/Term: 14 January 2009/3 years, 19 weeks g. Current Enlistment Service: 3 years, 19 days h. Total Service: 3 years, 19 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 19K10, M1 Armor Crewman m. GT Score: 92 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, ASR 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 14 January 2009, for a period of 3 years and 19 weeks. He was 21 years old at the time of entry and a high school graduate. His record is void of any significant acts and awards of valor and achievement; however, he completed 3 years and 19 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Irwin, CA. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 9 January 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, misconduct (serious offense). Specifically for using synthetic cannabinoids and for operating a passenger car while impaired synthetic cannabinoids and causing an accident resulting in total damage to two other vehicles on 24 October 2011. 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 10 January 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted 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 19 January 2012, the separation authority waived rehabilitation efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was separated on 2 February 2012, under the provisions of Army Regulation 635-200, Chapter 14-12c, with a general; under honorable conditions discharge, an SPD code of JKQ, and an RE code of3. 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 coded: PO, Probable Cause, dated 24 October 2011, synthetic cannabinoids; (JWH-018 N-pentanoic acid and JWH-073 N-butanoic acid). 2. A MP Report, dated 24 October 2011, reflects the applicant was the subject of an investigation for drunk driving resulting in a traffic collision with injuries, resisting arrest, failure to wear a safety belt, and failure to present driver’s license. 3. A DA Form 3822 (Report of Mental Status), dated 6 October 2011, reflects the applicant had no obvious impairments, could appreciate the difference between right and wrong, and a diagnosis of adjustment disorder with anxiety. He had a negative screening for Post Traumatic Stress Disorder and mild Traumatic Brain Injury. The report indicated the applicant was enrolled in the Army Substance Abuse Program but was in remission at the time of the evaluation. 4. A negative counseling statements dated 25 October 2011, for causing a traffic accident, resisting arrest, and failing to surrender his ID card to the military police. 5. A General Officer Memorandum of Reprimand (GOMOR) dated 1 December 2011, for driving while under the influence of an intoxicating substance, failing to wear a seat belt, refusing to provide his driver’s license, and resisting arrest. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 10 June 2014, a DD Form 214, six letters of support, two certificates of completion, dated 17 March 2014, 11 May 2012, and a copy of his Florida driver’s license. POST-SERVICE ACTIVITY: The applicant states since his discharge he has changed and become a better person. 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 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 confirms that 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 diminished the quality of his service below that meriting a fully honorable discharge. The applicant’s record of service was marred by a positive urinalysis test for synthetic cannabinoids, a negative counseling statement, and a GOMOR. 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 that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 5. The applicant contends since his discharge he has changed and become a better person. The applicant’s acknowledgment of his change to become a better person is commendable; however, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted. 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: 10 July 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) AR20140010821 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1