IN THE CASE OF: Mr. BOARD DATE: 21 January 2015 CASE NUMBER: AR20140000732 ___________________________________________________________________________ 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 general, under honorable conditions discharge to honorable. 2. The applicant states, in effect, his chain of command wanted to retain him, but his brigade commander ignored their request. The applicant hopes that the ADRB can help make his dreams come true because he is ready to serve his country again and make his wrongs right because it was a one-time mistake. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 6 January 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 28 November 2012 d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200, 14-12c(2), JKK, RE-4 e. Unit of Assignment: A Battery, 2nd Battalion, 3rd Field Artillery Regiment, 1st Brigade Combat Team, 1st Armored Division, Fort Bliss, TX f. Current Enlistment Date/Term: 17 May 2011, 3 years and 18 weeks g. Current Enlistment Service: 1 year, 6 months, 12 days h. Total Service: 1 year, 6 months, 12 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 13B10, Cannon Crewmember m. GT Score: 111 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, 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 28 November 2012, for a period of 3 years and 18 weeks. He was 19 years old at the time and a high school graduate. He was serving at Fort Bliss, TX when his discharge was initiated. The record does not contain any evidence of acts of valor or meritorious achievements. 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 with his application the notification memorandum, which shows on 1 October 2012, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c(2), AR 635-200, by reason misconduct (abuse of illegal drugs), for wrongfully using marijuana. 2. Based on the above misconduct, the unit commander recommended an honorable discharge. 3. The applicant’s election of rights form is not contained in the available record and government regularity is presumed in the discharge process. The intermediate commander reviewed the proposed discharge action and recommended the applicant be retained in the Army. 4. On 15 October 2012, 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 November 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. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Separation orders 326-0091 dated 21 November 2012, DD Form 214 for the period of service ending 28 November 2012. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293 dated 16 December 2013, copy of his DD Form 214, an undated self-authored letter; a copy of his separation packet; a copy of his medical assessment, mental status evaluation, and chronological medical record; his enlisted record brief (ERB) dated 10 September 2012; urinalysis report dated, 9 July 2012 with a positive result of THC 56; a negative counseling statements dated, 16 July 2012, for use of illegal drugs; and a Field Grade Article 15, dated 6 September 2012, for wrongfully using marijuana near Fort Bliss, TX, between on or about 23 May 2012 and on or about 22 June 2012. The punishment consisted of reduction to the grade of E-1, forfeiture of pay for one month, and 45 days of extra duty; and, five supporting statements. 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, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. As noted above, 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 with his application the notification memorandum, which shows on 1 October 2012, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c, AR 635-200, by reason misconduct (abuse of illegal drugs), for wrongfully using marijuana. 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 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 the Article 15 for violation of the Uniform Code of Military Justice and a negative counseling statement. 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 chain of command wanted to retain him, but his brigade commander ignored their request. Army Regulation 635-200, entitled procedures for separation under the notification section 2-2, b(3) states the separation authority is not bound by the recommendations of the initiating or intermediate commander and has complete discretion to direct any type of discharge and characterization of service authorized by applicable provisions of this regulation. 5. The applicant further contends he hopes that the ADRB can help makes his dreams come true because he is ready to serve his country again and make his wrongs right because it was a one-time mistake. Although the applicant claims it was a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 6. If the applicant desires to reenlistment he should contact a local recruiter to determine his eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 7. The available documents the applicant submitted shows the proper discharge and separation authority procedures were followed in this case. 8. Therefore, based on the available documents the applicant submitted and the applicable Army Regulation, 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: 21 January 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) AR20140000732 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1