IN THE CASE OF: Mr. BOARD DATE: 29 July 2015 CASE NUMBER: AR20140009354 ___________________________________________________________________________ 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 to be 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 characterization of service from under other than honorable conditions to general, under honorable conditions. 2. The applicant states, in effect, his discharge was the result of being on medication for depression. He contends he was rushed out of the Army and not given the proper care for the mental conditions he was experiencing which he believes was PTSD. His service in Afghanistan has caused him to have symptoms of PTSD (i.e., nightmares, night sweats, and anxiety). He believes if all things had been taken into consideration he would have received at least a general, under honorable conditions discharge. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 23 May 2014 b. Discharge received: Under Other Than Honorable Conditions c. Date of Discharge: 15 December 2011 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200, Chapter 14, paragraph 14-12c, JKQ, RE-3 e. Unit of assignment: HHC, 82nd AR, Rear Detachment, Fort Bragg, NC f. Current Enlistment Date/Term: 23 August 2007, 5 years g. Current Enlistment Service: 4 years, 2 months, 25 days h. Total Service: 4 years, 2 months, 25 days i. Time Lost: 29 days j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 42A10, Human Resources Specialist m. GT Score: 97 n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Afghanistan (090407-100606) q. Decorations/Awards: JSCM, JSAM, AAM-2, AGCM, NDSM, ACM-w/2CS, GWOTSM, ASR, OSR, NATO MDL, CAB r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 23 August 2007, for a period of 5 years. He was 19 years old at the time of entry and a high school graduate. His record indicates he served in Afghanistan; achieved the rank of SPC/E-4; and earned several awards to include the JSCM, JSAM, two AAMs, the AGCM, and the CAB. He was stationed at Fort Bragg, NC when his separation action was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 1 December 2011, 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 of misconduct (serious offense). Specifically for the following offenses: a. testing positive for THC (110228), b. failing to report x 4 (110418, 110425, 110428, and 110512), c. being disrespectful to his senior NCOs (110418), d. disobeying a lawful order (110418), and e. going AWOL (110523-110621). 2. Based on the above misconduct, the unit commander recommended an under other than honorable conditions discharge and advised the applicant of his rights. 3. On 1 December 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, and did not submit a statement on his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commanders reviewed the proposed action and recommended approval with an under other than honorable conditions discharge. 4. On 7 December 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions. 5. The applicant was discharged from the Army on 15 December 2011, with a characterization of service of under other than honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), with a Separation Program Designator code (SPD) of JKQ and an RE code of 3. 6. The applicant’s record of service indicates 29 days of time lost for going AWOL from 23 May 2011 until his return on 21 June 2011. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There is a positive urinalysis report contained in the record coded; IR (Inspection Random), 28 February 2011, THC. 2. Article 15, imposed on 31 March 2011, for the wrongful use of marijuana between (110129 and 110228). The punishment consisted of reduction to E-2, forfeiture of $822.00 pay per month for two months (suspended), and extra duty for 45 days (FG). 3. Article 15, imposed on 18 May 2011, for failing to go at the time prescribed to his appointed place of duty (110418), being disrespectful in deportment towards two senior noncommissioned officers (110418), and disobeying a lawful order from a senior noncommissioned officer (110418). The punishment consisted of reduction to the grade of E-1, forfeiture of $342.00 pay for one month, and extra duty and restriction for 14 days (CG). 4. Two DA Forms 4187 (Personnel Action), dated 23 May 2011 and 21 June 2001, changing the applicant's duty status from present for duty (PDY) to absent without leave (AWOL) and AWOL to PDY. 5. A Report of Behavioral Health Evaluation, dated 5 April 2011, which indicates the applicant was diagnosed for cannabis dependence and alcohol dependence. The evaluation shows the applicant was screened for PTSD and TBI. Those conditions were either not present or, if present, did not meet AR 40-501 criteria for medical evaluation board. The evaluation also shows in the remarks section at the time of the evaluation; there was no evidence of a mental disorder of psychiatric significance at that time to warrant disposition through medical channels; therefore, the applicant was psychiatrically cleared for any administrative action deemed appropriated by command, including administrative discharge. 6. Several negative counseling statements dated between 19 April 2011and 3 August 2011, for failing to obey a direct order, missing an appointment, failing to report, testing positive on a drug test, conditions on liberty, and intentions to separate for misconduct. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293. POST-SERVICE ACTIVITY: None was 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 of ISSUE (s): 1. The applicant request an upgrade of the characterization of his discharge. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. 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 general or a fully honorable discharge. The applicant’s record of service was marred by a positive urinalysis test for marijuana, two Article 15s for multiple violations under the Uniform Code of Military Justice, and several 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 his discharge was the result of him being on medication for depression and he was not given the proper care for his mental conditions, which he believes was PTSD. However, the service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. 5. Based on the record the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 29 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) AR20140009354 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1