IN THE CASE OF: Mr. BOARD DATE: 23 October 2013 CASE NUMBER: AR20130007153 ___________________________________________________________________________ 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 was a good Soldier. He was emotionally conflicted due to personal and professional problems he was facing at the time and he made a mistake. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 10 April 2013 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 26 April 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: A Co, 22nd Chemical Battalion (TE), Aberdeen Proving Ground, MD f. Current Enlistment Date/Term: 7 October 2009, 4 years g. Current Enlistment Service: 2 years, 6 months, 20 days h. Total Service: 5 years, 2 months, 20 days/block 12c on the applicant’s DD Form 214 net active service this period, is incorrect and should read 5 years, 2 months, 20 days i. Lost time: None j. Previous Discharges: RA (070207-091006)/HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 74D10, Chemical Operations Specialist m. GT Score: 99 n. Education: HS Graduate o. Overseas Service: Korea p. Combat Service: None q. Decorations/Awards: AAM-2, AGCM, NDSM, GWOTSM, KDSM, ASR r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant's record shows he enlisted in the Regular Army on 7 February 2007, for a period of 3 years and 22 weeks. He was 27 years old at the time of entry and had completed one year of college. He was trained in and awarded military occupational specialty (MOS) 74D10, Chemical Operations Specialist. His last enlistment on 7 October 2009 was for a period of 4 years. His record does not contain any combat duty; however, he earned several awards including an AAM-2 and AGCM, he achieved the rank of SPC/E-4. He was serving at Aberdeen Proving Ground, MD when his discharge was initiated SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record is void of the complete facts and circumstances concerning the events which led to the discharge from the Army. However, the applicant submitted a partial discharge packet with his application that indicates the unit commander notified him of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense. Specifically for the following offenses: a. during a health and welfare inspection SSG B and SSG J discovered synthetic cannabinoids and drug paraphernalia on the floor in the applicant’s barracks room (111216) b. a CID Investigation determined he committed the offenses of wrongfully possessing synthetic cannabinoids and possessing drug paraphernalia c. admitting the use of synthetic cannabinoids on numerous occasions with drug paraphernalia discovered in his possession d. a bench warrant being issued for his arrest by the Harford County District Court, for failing to appear in court for knowingly driving an uninsured vehicle (111205) 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 9 February 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement on his behalf. The unit commander’s, the intermediate commander’s recommendations, and the separation authority’s approving memorandum are not contained in the available records and government regularity prevails in the discharge process. 4. On 19 April 2012, DA U.S. Army Garrison, Aberdeen Proving Ground, Aberdeen Proving Ground , MD, Orders Number 110-0007, discharged the applicant from the Army effective 26 April 2012. 5. The applicant’s record of service does not contain any documented evidence of unauthorized absences, lost time or any actions under the Uniform Code of Military Justice (UCMJ). 6. The applicant was discharged from the Army on 26 April 2012, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), a Separation Program Designator code (SPD) of JKK and an RE code of 4. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. The record shows the applicant received a DA Form 1059 (Service School Academic Evaluation Report), for completing the Technical Escort Course on 5 June 2009. 2. The record did not contain any other relevant information. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, self-authored statement, and his Chapter 14 discharge packet, and his Chapter 14 discharge packet which included a copy of the CID investigation into the possession of drug paraphernalia and possession of synthetic cannabinoids dated 26 December 2011, a Patient Screening Record citing diagnosis of alcohol dependence and hallucinogen abuse dated 22 December 2011, a PO-coded urinalysis data sheet dated 19 December 2011 and his rebuttal statement to his separation action dated 9 February 2012. POST-SERVICE ACTIVITY: The applicant stated he enrolled in online courses at Columbia Southern University seeking an Associate 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after examining his military record, the issues and documents 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 possessing/abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. 3. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance. 4. The applicant contends he was a good Soldier. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge under review. 5. The applicant further contends he was emotionally conflicted due to personal and professional problems he was facing at the time and he made a mistake. 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. 6. 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: Records Review Date: 23 October 2013 Location: Washington, DC Did the Applicant Testify: NA Counsel: None Witnesses/Observers: NA Did the Applicant Testify? 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) AR20130007153 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1