IN THE CASE OF: Mr. BOARD DATE: 29 October 2014 CASE NUMBER: AR20140000489 ___________________________________________________________________________ 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 and a change to the narrative reason for discharge. 2. The applicant states, in effect, that his discharge was improper because he suffered from pre-deployment and post deployment traumatic events that ultimately led to him receiving a 70 present PTSD diagnosis. He contends he never received a chance for rehabilitation pre deployment because he was told he was needed for deployment. While in Afghanistan, he served his country and had no issues with substance abuse. He returned to his duty station and relapsed once and then started to attend rehabilitation but was denied completion due to Chapter 14-12c. He also contends his DD Form 214 states he did not complete his term of service which is incorrect. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 23 December 2013 b. Discharge received: General, Under Honorable Conditions c. Date of Discharge: 14 July 2011 d. Reason/Authority/SPD/RE: Misconduct (Drug Abuse), AR 635-200, Chapter 14, paragraph 14-12c(2), JKK, RE-4 e. Unit of assignment: 307th EN CBT, ABN, Fort Bragg, NC f. Current Enlistment Date/Term: 15 July 2008, 3 years g. Current Enlistment Service: 3 years h. Total Service: 3 years, 1 month, 3 days i. Time Lost: None j. Previous Discharges: ARNG-080612-080714/HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 92G10, Food Service Specialist m. GT Score: 104 n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Afghanistan (090825-100826) q. Decorations/Awards: AAM, ACM-w/CS, NDSM, GWOTSM, ASR, OSR, NATO MDL, CAB r. Administrative Separation Board: No s. Performance Ratings: Yes t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Army National Guard on 12 June 2008, for a period of 8 years. After serving 1 month and 3 days he was discharged pending enlistment in the Regular Army. The applicant enlisted in the Regular Army on 15 July 2008, for a period of 3 years. He was 21 years old at the time of entry and a high school graduate. He was serving at Fort Bragg, NC when his discharge was initiated. His record indicates he served in Afghanistan; earned several awards to include the AAM; and achieved the rank of SPC/E-4. He completed a total of 3 years, 1 month, and 3 days of total military service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 20 June 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct-abuse of illegal drugs, specifically for the wrongful use of marijuana between (110216 and 110317). 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 22 June 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 commander reviewed the proposed action and recommended approval of the separation with a general under honorable conditions discharge. 4. On 6 July 2011, 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 July 2011, 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), with a Separation Program Designator code (SPD) of JKK and an 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 a positive urinalysis report contained in the record coded; IR (Inspection Random), 17 March 2011, THC. 2. Article 15, imposed on 15 April 2011, for the wrongful use of marijuana between (110216 and 110317). The punishment consisted of reduction to the grade of E-1, forfeiture of $733.00 pay for two months (suspended), and extra duty for 45 days (FG). 3. A certificate dated 24 March 2011, from the Fort Bragg Army Substance Abuse Program (ASAP) for successfully completing the Prime for Life Course. 4. Report of Mental Status Evaluation, dated 12 May 2011, indicating the applicant was screened for PTSD and TBI with negative results. The report also noted in the remarks section of the document that at the time of the evaluation there was no evidence of mental defect, emotional illness, or psychiatric disorder of sufficient severity to warrant disposition through military medical channels. The applicant was mentally responsible, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participate intelligently as a respondent in any administrative proceedings. The Clinical Psychologist determined the applicant was psychologically cleared for any administrative action deemed appropriate by his command. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293. POST-SERVICE ACTIVITY: None were 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. 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, paragraph 14-12c(2), 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 an RE Code of 4. 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, the document and the issues 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 abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. The applicant’s record of service was marred by his Article 15, for violation of the Uniform Code of Military Justice for the wrongful use of marijuana. 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 also requested his narrative reason for separation be changed. However, 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, paragraph 14-12c(2), for drug offenses. The regulation further stipulates that no deviation is authorized. 5. The applicant contends his discharge was improper because he suffered pre deployment and post deployment traumatic events that ultimately led to a 70 percent PTSD diagnosis. 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. Furthermore, evidence in the record shows that on 12 May 2011, the applicant was screened for PTSD and TBI, and the results were negative for both. 6. The applicant contends he was never allowed a chance for rehabilitation; however, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. 7. The applicant also contends his DD Form 214 states he did not complete his term of service which is incorrect. The applicant contention was noted, the evidence of record shows the applicant was discharged on 14 July 2011, which would have been his ETS date. However, the record shows the applicant was approved for discharge under the provisions of Chapter 14, paragraph 14-12c(2) on 6 July 2011. The discharge was effective at 2400 on the dated of notice of discharge to the applicant (i.e., 14 July 2011, effective, as by delivery to the applicant of the discharge certificate). Therefore the applicant did not complete his first full term of service. 8. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with his overall service record. 9. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 29 October 2014 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) AR20140000489 Page 3 of 7 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1