IN THE CASE OF: BOARD DATE: 10 July 2013 CASE NUMBER: AR20130002138 ___________________________________________________________________________ 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 discharge from under other than honorable conditions to honorable. 2. The applicant states, in effect, he should have requested an upgrade to his discharge years ago. This is important to him and his family. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 28 January 2013 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 11 January 2011 d. Reason/Authority/SPD/RE: Misconduct (Drug Abuse), AR 635-200, 14-12c(2) JKK, RE-4 e. Unit of assignment: HHC (Rear) (Provisional), 1st Heavy Brigade Combat Team (Rear) (Provisional), 3rd Infantry Division, Fort Stewart, GA f. Current Enlistment Date/Term: 8 April 2008, 3 years, 16 weeks g. Current Enlistment Service: 2 years, 1 month, 6 days h. Total Service: 2 years, 1 month, 6 days i. Time Lost: 224 days j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: 95 n. Education: GED o. Overseas Service: None p. Combat Service: No q. Decorations/Awards: NDSM, ASR 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 8 April 2008, for a period of 3 years and 16 weeks. He was 18 years old at the time of entry and had a high school equivalency (GED). He was serving at Fort Stewart, GA, when his discharge was initiated. The record does not show any significant achievements or meritorious awards. SEPARATION FACTS AND CIRCUMSTANCES 1. The evidence shows that on 18 November 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for commission of a serious offense specifically for: a. being AWOL three times (090730-091006, 100112-100324, and 100623- 100915) b. wrongfully using Marijuana (between 100328-100429) 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 18 November 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and did not submit a statement in 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 23 December 2010, the General Court-Martial Convening Authority (GCMCA), approved the unconditional waiver request 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 11 January 2011, for misconduct (drug abuse), under the provisions of Chapter 14-12c(2), with a RE code of 4. 6. The service record shows three periods of time lost for 224 days of AWOL (090730-091006, 100112-100324, and 100623-100915). The applicant surrendered after the second AWOL period (100112-100324); however, the other two modes of return are unknown. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD 1. The applicant received one Field Grade Article 15, dated 14 May 2010, for going AWOL twice (090730-091006 and 100112-100323). His punishment consisted of a reduction to E-1, forfeiture of $723.00 pay per month for two months, 45 days of extra duty and restriction. 2. Summary Court-Martial adjudged on 4 November 2010, three specifications of AWOL (090730-091006, 100112-100324, and 100623-100915). The first two specifications of AWOL were dismissed. His punishment consisted of forfeiture of 964.00 pay per month for one month. 3. The record also contains a positive urinalysis coded as IR (Inspection Random), dated 29 April 2010, that was positive for marijuana. 4. Several negative counseling’s dated between 6 April 2010 and 15 June 2010, for failure to report to formations, not showing up on time to his designated place of duty, disobeying lawful orders, having a positive urinalysis, failing to pay creditors, and having late payments on the Military Star Card. EVIDENCE SUBMITTED BY THE APPLICANT The applicant provided a DD Form 293 and a DD Form 214. POST-SERVICE ACTIVITY: None stated by the applicant. 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 issues submitted with the application, there are insufficient 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. By the repeated incidents of serious misconduct, the applicant diminished the quality of his service below that meriting a general, under honorable conditions or a fully honorable discharge. 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 upgrading his discharge is important to him and his family. However, the issue the applicant submitted is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. 5. 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: Record Review Date: 10 July 2013 Location: Washington, DC Did the Applicant Testify? No Counsel: 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 RE Code to: No Change Grade Restoration to: NA Change Authority for Separation: No Change 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) AR20130002138 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1