IN THE CASE OF: Mr. BOARD DATE: 10 December 2014 CASE NUMBER: AR20140018588 ___________________________________________________________________________ Board Determination and Directed Action 1. 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 characterization was improper. 2. The record shows the government introduced into the discharge packet the results of a biochemical test which was coded RO (Rehabilitation). This is limited use information as defined in AR 600-85 and is protected evidence. Use of this information mandates award of an honorable characterization of service. 3. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to honorable. However, the reason for the discharge was proper and equitable and the Board voted not to change it. 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 and a change to the narrative reason for separation. 2. The applicant states, in effect, he has turned his life around since his discharge. He’s completed a drug and alcohol program, became an active member in his church, and is anticipated to graduate in December with his associate’s degree. He contends he would like to use his Post 9/11 G.I. Bill to return back to school. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 27 October 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 28 August 2009 d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200 Chapter 14-12c(2), JKK, RE-4 e. Unit of assignment: 6th Battalion, 353rd Training Regiment, Ft Polk Louisiana f. Current Enlistment Date/Term: 2 November 2006/6 years (DD214 incorrectly reads 090828) g. Current Enlistment Service: 2 years, 9 months, 27 days h. Total Service: 2 years, 9 months, 27 days i. Time Lost: None j. Previous Discharges: DEP, 061012-061101, N/A k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 25B10, IT Specialist m. GT Score: 111 n. Education: HS Graduate o. Overseas Service: Korea p. Combat Service: None q. Decorations/Awards: AAM, NDSM, KDSM, GWOTSM, ASR, OSR 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 2 November 2006, for a period of 6 years. He was 23 years old at the time of entry and a high school graduate. He served in Korea, earned an AAM, and completed 2 years, 9 months, and 27 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Polk, Louisiana. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 21 August 2009, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 14-12c, by reason misconduct (serious offense); specifically, for wrongfully using cocaine, on or about 5 June 2009 and 10 June 2009. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 21 August 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action and elected not to submit 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 21 August 2009, 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 28 August 2009, with a characterization of service of general, under honorable conditions under the provisions of AR 635-200, Chapter 14, paragraph 14-12c(2), for misconduct (drug abuse), a Separation Program Designator code (SPD) of JKK and a 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 one positive urinalysis report contained in the record: RO, Rehabilitation Testing, 26 May 2009, cocaine 2. An Article 15, dated 27 July 2009, for wrongful use of cocaine on or about 5 June 2009 and 10 June 2009. The punishment consisted of a reduction to the grade of E-1, forfeiture of $700.00 per month for two months, 45 days of extra duty and restriction (FG). 3. One negative counseling statement, dated 11 June 2009, for wrongful use, possession, etc., of controlled substance. 4. A Mental Status Evaluation, dated 14 July 2009, reflects that the applicant had a clear and normal thought process and was mentally responsible. 5. A General Officer Memorandum of Reprimand, dated 26 August 2009, for driving while intoxicated. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 13 October 2014, a DD Form 214 covering the period of service under review. POST-SERVICE ACTIVITY: The applicant states he has completed a drug and alcohol program, became an active member in his church, and is anticipated to graduate in December with his associate’s degree. 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 a RE Code of 4. DISCUSSION AND RECOMMENDATION: 1. After a careful review of all the applicant’s military records, the issue and documents submitted with the application, the characterization of service appears to be improper. 2. The record confirms the government introduced into the discharge packet the results of a biochemical test conducted on 26 May 2009, which was coded RO (Rehabilitation). This is limited use information as defined in AR 600-85 and is therefore considered protected evidence. Use of this information mandates award of an honorable characterization of service. 3. The records show the proper discharge and separation procedures were not followed in this case. 4. The applicant contends he has turned his life around since his discharge. The applicant contends that since leaving the Army he’s completed a drug and alcohol program, became an active member in his church, and is anticipated to graduate in December with his associate’s degree. The applicant’s post-service accomplishments have been noted as outlined on the application. 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. Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities 5. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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 applicant’s DD Form 214, block 12a, contains an incorrect date entered AD this period. However, the required change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 7. Therefore, the characterization of service being improper, recommend the Board grant partial relief by upgrading the applicant’s characterization to honorable. However, the reason for the discharge was fully supported by the record and remains both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 10 December 2014 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable 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) AR20140018588 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1