IN THE CASE OF: Mr. BOARD DATE: 5 November 2014 CASE NUMBER: AR20140012162 ___________________________________________________________________________ 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, an upgrade to the characterization of service will help with employment. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 3 July 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 30 August 2011 d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200 Chapter 14-12c(2), JKK, RE-4 e. Unit of assignment: B Company, 603d Aviation Support Battalion 3d Combat Aviation Brigade, Hunter Army Airfield, Georgia f. Current Enlistment Date/Term: 4 June 2008/4 years, 43 weeks g. Current Enlistment Service: 3 years, 2 months, 27 days h. Total Service: 3 years, 2 months, 27 days i. Time Lost: None j. Previous Discharges: DEP, 080415-080603, N/A k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 94Y10, IFTE Operator/Maintainer m. GT Score: 116 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Afghanistan (091104-101109) q. Decorations/Awards: ARCOM, NDSM, ACM-2CS, ASR, NATO r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 4 June 2008, for a period of 4 years and 43 weeks. He was 19 years old at the time of entry and a high school graduate. He completed 3 years, 2 months, and 27 days of active duty service. When his discharge proceedings were initiated, he was serving at Hunter Army Airfield, Georgia. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 3 August 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason misconduct (drug abuse); specifically, for admitting to using spice on 29 June 2011. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 9 August 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted 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 18 August 2011, the applicant’s trial defense submitted a request for reconsideration of chapter action under AR 635-200, Chapter 14, paragraph 14-12(c)(2) on the basis of following reasons: a. The command is attempting to use a legal shortcut to discharge the applicant without giving him the benefits of either counseling or rehabilitative transfer, should the command find it necessary. b. The applicant is a very good soldier who has never been in trouble prior to the incident. c. The intent underlying AR 600-85 and AR 635-200 is that soldiers, particularly lower-ranking soldiers, are given every possible opportunity to improve themselves and correct their shortcomings and mistakes. Per Army policy, the applicant should be permitted an opportunity to see if his attempt at rehabilitation will be successful before he is considered for separation from the Army. In addition, two character statements from fellow Soldiers were submitted as enclosures to the request. 5. On 19 August 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 6. The applicant was discharged from the Army on 30 August 2011, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), a Separation Program Designator code (SPD) of JKK and an RE code of 4. 7. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. An MP Report dated 29 June 2011, that indicates the applicant was the subject of an investigation for possible drugs. Two sworn statements, written by the applicant and the applicant’s squad leader, were included as attachments with the report. The applicant’s statement contains his admission of smoking spice on 15 occasions, all of which took place within 60 days of the statement date. 2. Two negative counseling statements, dated 30 June 2011 and 6 July 2011, for initiation of separation proceedings and revocation of security clearance. 3. Article 15, dated 11 July 2011, for wrongful use of spice on or about 29 June 2011. On 27 July 2011, the separation authority revoked the Article 15 on grounds that the applicant’s rights were not clearly supported at each phase of inquiry. 4. DA Form 3822 (Report of Mental Status Evaluation), dated 7 August 2011, reflects that the applicant had a clear and normal thought process and was mentally responsible. EVIDENCE SUBMITTED BY THE APPLICANT: None were provided with the application. POST-SERVICE ACTIVITY: None were 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. 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 documents 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 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 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 records show the proper discharge and separation authority procedures were followed in this case. 6. 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: 5 November 2014 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 2 No Change: 3 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) AR20140012162 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1