IN THE CASE OF: Mr. BOARD DATE: 20 October 2014 CASE NUMBER: AR20140013123 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and hearing his testimony, 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 to his general, under honorable conditions discharge to honorable. In addition, the applicant requests a change to the narrative reason for his discharge. 2. The applicant states, in effect, upgrading his characterization of service and a change to the narrative reason for his discharge would allow him to reenlist into the Army. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 21 July 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 10 May 2010 d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200 Chapter 14-12c(2), JKK, RE-4 e. Unit of assignment: Co C, 1st Battalion, 66th Armor Regiment 1st Heavy BCT, Fort Carson, Colorado f. Current Enlistment Date/Term: 7 February 2007/5 years g. Current Enlistment Service: 1 year, 9 months, 12 days h. Total Service: 3 years, 3 months, 4 days i. Time Lost: None j. Previous Discharges: DEP, 070127-070206, NA k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 19K10, M1 Armor Crewman m. GT Score: 87 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Iraq (080308-090307) q. Decorations/Awards: ARCOM, NDSM, ICM-AH, GWOTSM, ASR OSR r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: Yes u. Prior Board Review: Yes SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 7 February 2007, for a period of 5 years. He was 26 years old at the time of entry and a high school graduate. He served in Iraq, earned an ARCOM, and completed 3 years, 3 months, and 4 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Carson, Colorado. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 17 February 2010, 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 misconduct (serious offense), for having wrongfully used a controlled substance, to wit: marijuana. 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 18 February 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement on his own behalf (NIF). 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 17 March 2010, 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 10 May 2010, with a characterization of service of general, under honorable conditions under the provisions of AR 635-200, Chapter 14-12c(2), for misconduct (drug abuse), a Separation Program Designator code (SPD) of JKK and an RE code of 4. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There is a positive urinalysis report contained in the record. IR, Inspection Random, 2 November 2009, marijuana. 2. Article 15, dated 19 January 2010, for wrongfully using marijuana (091004-091102). The punishment consisted of reduction to the grade of E-1 (suspended), forfeiture of $699.00 per month for two months (suspended), and 45 days of extra duty and restriction (FG). 3. Two negative counseling statements, dated 3 December 2009 and 20 January 2010, for having failed a urinalysis test. 4. DA Form 8003 (Army Substance Abuse Program (ASAP) Enrollment), 7 December 2009, indicates the applicant was command referred. 5. Pikes Peak Mental Health Individualized Service Plan, dated 21 January 2010, indicates an initial service plan and the applicant having “PTSD sxs” (1-none to 10-worst), he was currently at 7, with a goal 2-3. 6. DA Form 3822, Report of Mental Status Evaluation, dated 26 January 2010, indicates a review of psychiatric and medical history, and diagnosis of AXIS I: Adjustment Disorder with mixed disturbance of emotions and conduct; AXIS II: Deferred; and AXIS III: referred to his medical records. EVIDENCE SUBMITTED BY THE APPLICANT: 1. Character letter, dated 19 June 2014, authored by the applicant’s peer support specialist. The letter states the applicant has dedicated himself to the program by initiating and being proactive in his care. It further states the applicant has demonstrated his willingness to discuss and work on issues that can further the quality of his life by engaging interactively with the peer support process. The letter states the applicant is compliant, honest, trustworthy, and dependable. 2. The applicant provided two character letters, dated 11 July 2014, which states the applicant’s lifelong dream was to serve in the Army and, while serving in the Army, the applicant was the happiest he’s ever been. In addition, given the opportunity to rejoin, the applicant would be a great asset to the Army. POST-SERVICE ACTIVITY: The applicant provided none. 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. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (drug abuse). 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization and a change to the reason for 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 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 one Article 15 for violation of the Uniform Code of Military Justice and two negative counseling statements. 3. The applicant contends that a change in the reason for the discharge and his reentry code would allow for his reenlistment. However, Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12c(2), for drug offenses. The regulation further stipulates that no deviation is authorized. 4. Further, the SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 5. Therefore, the reason for discharge and the characterization being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Personal Appearance Date: 20 October 2014 Location: Washington, DC Did the Applicant Testify? Yes Counsel: None Witnesses/Observers: Mother (W) DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted the following additional documents: a. Letter of reference (TLJ) - 1 page b. Letter of reference (VRH) – 1 page c. Letter of reference (RM) – 2 page 2. The applicant presented no additional issues: 3. In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. 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) AR20140013123 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1