IN THE CASE OF: Mr. BOARD DATE: 17 April 2015 CASE NUMBER: AR20140004065 ___________________________________________________________________________ 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 characterization from under other than honorable conditions to honorable. 2. The applicant states, in effect, he was having family and personal problems and was stressing a lot. He started drinking heavy, smoked pot and experimented with cocaine. He was discharged after completing rehabilitation; during the time of his discharge he was bullied, called names and his platoon assaulted him. He was treated unfairly, abused mentally and physically. He has been sober for four years. The way he was treated at Fort Stewart impacted his anxiety and depression. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 4 March 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 11 January 2007 d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200, Chapter 14, paragraph 14-12c, JKQ, RE-3 e. Unit of assignment: Alpha Troop, 6-8th Cavalry Regiment, 4th Brigade Combat Team, Fort Stewart, GA f. Current Enlistment Date/Term: 29 December 2005, 3 years and 18 weeks g. Current Enlistment Service: 1 year, 13 days h. Total Service: 1 year, 13 days i. Lost time: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 19D10, Cavalry Scout m. GT Score: 84 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, ASR r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 29 December 2005, for a period of 3 years and 18 weeks. He was 22 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 19D10, Cavalry Scout. His record does not contain any evidence of acts of valor or meritorious achievements. He was serving at Fort Stewart, GA when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 5 December 2006, 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-commission of a serious offense, for wrongfully using illegal drugs. 2. Based on the above misconduct, the unit commander recommended an under other than honorable conditions discharge and advised the applicant of his rights. 3. On 6 December 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, and submitted a statement on his own behalf (which is not contained in the available records). The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate and senior commanders reviewed the proposed action and recommended approval with an under other than honorable conditions discharge. 4. The separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions. The applicant was reduced to the lowest enlisted rank. 5. The applicant was discharged from the Army on 11 January 2007, with a characterization of service of under other than honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), with a Separation Program Designator code (SPD) of JKQ and an RE code of 3. 6. The applicant’s service record did not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. The records indicate the applicant received a Summary Court-Martial; however, this document is not contained in the available records. 2. The applicant received several negative counseling statements, dated between July 2006 and 4 August 2006, for missing an appointment, testing positive for THC and cocaine, failing to report numerous times, disrespecting a NCO and financial obligations. 3. The record contains four positive urinalysis reports coded as follows: a. two coded IR (Inspection Random), dated 31 August 2006, for cocaine and 5 September 2006, for cocaine, d-amp and-meth, b. one coded PO (Probable Cause) dated 3 August 2006, for cocaine, d-amp and THC, and c. one coded IO (Inspection Other), dated 16 August 2006, for cocaine and d-amp. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, self-authored statement (two pages) and a DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any information with his 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 military records, 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 several negative counseling statements, and four positive urinalysis reports. 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 having family and personal problems and stressing a lot. While the applicant may believe family, personal problems and stress was the underlying cause of his misconduct. The record of evidence does not demonstrate he sought relief for his problems or stress through his command or the numerous Army community services like the Chaplain, 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. 5. The applicant further contends, he started drinking heavy, smoking pot and experimenting with cocaine. 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. The applicant also contends, he was discharged after completing rehabilitation; during the time of his discharge he was bullied, called names and his platoon assaulted him. 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. 7. Further, although the applicant alleges that he was a victim of bullying, called names and assaulted during his military service, there is no evidence in his military records and the applicant has not provided sufficient evidence to support this contention. Therefore, this argument is not sufficient to support his request for an upgrade of his discharge. 8. The applicant additionally contends, he was treated unfairly, abused mentally and physically. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was treated unfairly and abused. 9. Moreover, the applicant contends, he has been sober for four years. The applicant is to be commended for his effort. 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. 10. Furthermore, the applicant contends the way he was treated at Fort Stewart impacted his anxiety and depression. The service record contains no evidence of a diagnosis of anxiety or depression and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. 11. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 12. The records show the proper discharge and separation authority procedures were followed in this case. 13. 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: 17 April 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) AR20140004065 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1