IN THE CASE OF: BOARD DATE: 31 July 2013 CASE NUMBER: AR20130004769 ___________________________________________________________________________ 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 general, under honorable conditions to honorable. 2. He states, in effect, he desires to utilize his GI Bill to obtain a college degree so he can acquire gainful employment to take care of his family. After five years of honorable service, he became stressed from being unable to see his children; subsequently he used marijuana. He had never done anything like this before and has not done it again. He could make a greater contribution to society if he could attend college. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 4 March 2013 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 14 November 2012 d. Reason/Authority/SPD/RE: Misconduct (Drug Abuse), AR 635-200 Chapter 14, paragraph 14-12c(2), JKK, RE-4 e. Unit of assignment: Rear Detachment, 2-227th AV Bn, Fort Hood, TX f. Current Enlistment Date/Term: 14 May 2009, 6 years g. Current Enlistment Service: 3 years, 6 months, 1 day h. Total Service: 5 years, 8 month, 23 days i. Lost time: None j. Previous Discharges: RA-(070222-090513)/HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 15R10, AH-64, Attack Helicopter Repairer m. GT Score: 109 n. Education: HS Graduate o. Overseas Service: Korea/Southwest Asia p. Combat Service: Iraq (090429-100413) q. Decorations/Awards: AAM-2, AGCM, NDSM, ICM-W/CS, GWOTSM KDSM, ASR, OSR-2 r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant's record shows he enlisted in the Regular Army on 22 February 2007, for a period of 2 years and 32 weeks. He was 22 years old at the time of entry and a HS Graduate. He was trained in and awarded military occupational specialty (MOS) 15R10, AH-64, Attack Helicopter Repairer. He reenlisted on 14 May 2009, for a period of 6 years and he was 24 years old at the time. His record also shows he served a combat tour and earned several awards including an AAM and AGCM. He was serving at Fort Hood, TX, when his discharge was initiated. He achieved the rank of SPC/E-4. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s digital signature. 2. The DD Form 214 indicates the applicant was discharged on 14 November 2012, under the provisions of Chapter 14, AR 635-200, paragraph 14-12c(2), for misconduct-drug abuse, with a characterization of service of general, under honorable conditions. The DD Form 214 shows a Separation Program Designator (SPD) code of JKK and a reentry (RE) code of 4. 3. There is no record of any Uniform Code of Military Justice (UCMJ) action, even though the applicant was discharged as a PVT/E-1. The action that reduced him in rank is not contained in the available record. 4. The applicant’s service record does not contain any evidence of unauthorized absences, time lost or any negative counseling statements. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. The record contains an Enlisted Record Brief (ERB), dated 13 August 2012. 2. The record did not contain any other relevant information. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293; a DD Form 214; and Discharge Orders 305-0117. POST-SERVICE ACTIVITY: The applicant did not provide any 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 available 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 applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the record contains a properly constituted DD Form 214, which was authenticated by the applicant's digital signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. 3. The DD Form 214 also indicates the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct-drug abuse, with a characterization of service of general, under honorable conditions. Barring evidence to the contrary, the presumption of government regularity prevails and all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 4. The applicant contends after five years of honorable service, he became stressed from being unable to see his children; subsequently he used marijuana. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 5. The applicant further contends he had never done anything like this before and has not done it again. However, there is insufficient evidence available in the official record to make a determination as to whether the applicant’s misconduct was an isolated incident or if he committed more than one offense which led to the discharge action. 6. The applicant also contends he could make a greater contribution to society if he could attend college. The applicant is to be commended for his desire to better himself. However, this contention 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. 7. The applicant desires to utilize his GI Bill to obtain a college degree so he can acquire gainful employment to take care of his family. 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. 8. Additionally, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 9. Furthermore, if the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record. 10. Therefore, based on the available evidence and the presumption of government regularity, the reason for discharge and the characterization of service were both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 31 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) AR20130004769 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1