IN THE CASE OF: Mr. BOARD DATE: 23 January 2015 CASE NUMBER: AR20140002754 ___________________________________________________________________________ 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 his narrative reason for discharge. 2. The applicant states, in effect, that his discharge is inequitable because it was based on one isolated incident in over six years of service with no other adverse action. The "drug abuse" noted under the reason for separation was spice. Though illegal in the military, spice was sold legally in the civilian sector. At the time, he was under extreme stress due to family and financial hardship. He believes as a result of serving over six years without any other incidents his discharge should be upgrade to honorable. Since the one incident, he has not used spice or any other illegal drugs. He would also like the reason for separation to be changed as it is severely hindering both his occupation and education potential. As a single father with two children, it is important that he be able to support them financially and his current narrative reason makes it difficult for him. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 10 February 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 27 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: 567th Inland Cargo Transfer Co, 53rd Trans Bn, 7th SB, Fort Eustis, VA f. Current Enlistment Date/Term: 17 May 2008, 6 years g. Current Enlistment Service: 4 years, 6 months, 11 days h. Total Service: 6 years, 2 months, 15 days i. Time Lost: None j. Previous Discharges: 060913-080516 k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 88H10, Cargo Specialist m. GT Score: 103 n. Education: GED o. Overseas Service: Southwest Asia p. Combat Service: Iraq (070730-080730) and Afghanistan (100223- 110223) q. Decorations/Awards: ARCOM, AAM, MUC, ACM-w/CS, ICM-w/AD, NDSM GWOTSM, ASR, OSR 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 13 September 2006, for a period of 3 years. On 17 May 2008, he reenlisted for a period of 6 years. He was 27 years old at the time of reenlistment and had a high school equivalency (GED). His record indicates he served in Iraq and Afghanistan; achieved the rank of SPC/E-4; and received several awards to include the ARCOM and the AAM. He was serving at Fort Eustis, VA, when his separation was initiated. He completed 6 years, 2 months, and 15 days of total military service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 19 July 2012, 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 for receiving a Field Grade Article 15 for wrongfully distributing Ecstasy (120627), and for testing positive for Spice (120423). 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 31 July 2012, 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 with a general, under honorable conditions discharge. 4. On 18 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 27 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), with a Separation Program Designator code (SPD) of JKK and a 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 PO (Probable Cause), dated 23 April 2012, for Spice. 2. CID Report dated 15 May 2012, which indicates the applicant was the subject of investigation attempted distribution of MDMA, conspiracy, and failure to obey general order (synthetic cannabinoids). 3. Article 15, imposed on 27 June 2012, for wrongfully distributing one pill of Ecstasy (120215). The punishment consisted of reduction to E-2, forfeiture of $832.00 pay (suspended) and extra duty for 45 days (FG). 4. Two negative counseling statements dated 10 May 2010 and 11 June 2012, for testing positive on a urinalysis test on 23 April 2012, and notification of pending separation under Chapter 14. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293 and a Department of Veterans Affairs document (Statement in Support of Claim). POST-SERVICE ACTIVITY: None was provide 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, misconduct (drug abuse). 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned a SPD Code of "JKK" will be assigned a RE Code of 4. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge and a change to his narrative reason 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 or a change to his narrative reason for 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 an Article 15 for the distribution of Ecstasy and for testing positive for Spice. 3. The applicant also requested a change to his narrative reason for discharge. 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. 4. 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. 5. The applicant contends his discharge was inequitable because it was based on one incident in over six years of service. However, the service record indicates the applicant committed several discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant’s incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. 6. The applicant also contends that at the time of his misconduct he was under extreme stress due to family and financial hardship. While the applicant may believe his stress was due to family and financial hardship, the record of evidence does not demonstrate that he sought relief from stress through his command, or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 7. 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. 8. 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: 23 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) AR20140002754 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1