IN THE CASE OF: Mr. BOARD DATE: 17 April 2015 CASE NUMBER: AR20140004075 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review, and notwithstanding the analyst's Discussion and Recommendation which follows, the Board determined the characterization of service was too harsh based on the overall length and quality of the applicant’s service, to include his combat service and the circumstances surrounding the discharge i.e., Post Traumatic Stress Disorder (PTSD). It is concluded that the PTSD condition was a causative factor in the misconduct that led to the discharge. After carefully weighing that fact against the severity of the applicant's misconduct, there is sufficient mitigating evidence to warrant upgrading the characterization of the applicant's service to honorable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. However, the Board determined the reason for discharge to be proper and equitable and voted not to change it. 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 general, under honorable conditions to honorable. 2. The applicant states, in effect, he has suffered from severe depression since his return from Afghanistan. He made one mistake while in the military and since his discharge he has been seeing a professional. He has a steady job and wants to attend college, but he needs his GI Bill. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 5 March 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 4 June 2013 d. Reason/Authority/SPD/RE: Misconduct (Drug Abuse), AR 635-200, 14-12c (2), JKK, RE-4 e. Unit of assignment: Headquarters & Headquarters Troop, 1st Squadron, 40th Cavalry (Airborne), Joint Base Elmendorf- Richardson, AK f. Current Enlistment Date/Term: 30 December 2009, 4 years g. Current Enlistment Service: 3 years, 5 months, 5 days h. Total Service: 3 years, 5 months, 5 days i. Time Lost: None j. Previous Discharges: DEP, (090806-091229), NA k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 68W1P, Health Care Specialist m. GT Score: 116 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Afghanistan (111201-120927) q. Decorations/Awards: ARCOM, AAM, AGCM, NDSM, ACM-CS, GWOTSM, NATOMDL, ASR, OSR-2, CMB, CAB r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 30 December 2009, for a period of 4 years. He was 18 years old at the time of entry and a high school graduate. He served in Afghanistan. He earned an ARCOM and an AAM and completed 3 years, 5 months, and 5 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence shows that on 19 April 2013, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct, abuse of illegal drugs, specifically for wrongfully using marijuana. 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 22 April 2013, 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. 4. On 30 April 2013, 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 4 June 2013, for misconduct (drug abuse), under the provisions of Chapter 14-12c (2), with a general, under honorable conditions discharge, a Separation Program Designator code (SPD) of JKK and a RE code of 4. 6. The service record does not contain any evidence of time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. On 29 January 2013, a urinalysis reports with allied documents indicated the applicant tested positive for marijuana (THC) on 7 January 2013. 2. Article 15, dated 14 February 2013, for wrongfully using marijuana between on or about (121207-130107). The punishment consisted of reduction to the grade of E-3, forfeiture of $1,007.00 pay, 45 days of extra duty and restriction (FG) EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, dated 26 February 2014. POST-SERVICE ACTIVITY: The applicant states that he has a steady job and would like to attend college. 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, documents, and 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 (marijuana), 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 using 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 the applicant’s service mitigated the misconduct or poor duty performance. 4. The applicant contends he suffered from severe depression after his deployment from Afghanistan. DA Form 3822, dated 27 March 2013 indicate the applicant admitted himself into the Behavior Health Clinic for depression and anxiety. The diagnoses noted were anxiety, cannabis abuse, and post traumatic stress disorder (PTSD). However, in review of the applicant’s entire service record, his medical conditions did not overcome the reason for discharge and characterization of service granted, the applicant fully understood the difference between right and wrong. 5. The applicant contends he wants to attend college, but he needs his GI Bill. Eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. The applicant should contact a local office of the Department of Veterans Affairs for further assistance. 6. The applicant contends he has held down a steady job since his discharge. His successful transition to civilian life has been noted. However, there is no law or regulation, which provides an unfavorable discharge may be upgraded based solely for the purpose of gaining employment or enhancing employment opportunities. 7. The applicant contends that he made one mistake. Although 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. 8. The records show the proper discharge and separation authority procedures were followed in this case. 9. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. BOARD DETERMINATION AND DIRECTED ACTION: After carefully examining the applicant’s record of service during the period of enlistment under review, and notwithstanding the analyst's Discussion and Recommendation, the Board determined the characterization of service was too harsh based on the overall length and quality of the applicant’s service, to include his combat service and the circumstances surrounding the discharge i.e., Post Traumatic Stress Disorder (PTSD). It is concluded that the PTSD condition were a causative factor in the misconduct that led to the discharge. After carefully weighing that fact against the severity of the applicant's misconduct, there is sufficient mitigating evidence to warrant upgrading the characterization of the applicant's service to honorable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. However, the Board determined the reason for discharge to be proper and equitable and voted not to change it. 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: 5 No Change: 0 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable 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) AR20140004075 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1