IN THE CASE OF: BOARD DATE: 27 May 2015 CASE NUMBER: AR20140005407 ___________________________________________________________________________ Board Determination and Directed Action 1. 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 length and quality the applicant’s service to include his two combat tours, and the medical circumstances surrounding the discharge (i.e., diagnosed with PTSD, cannabis and alcohol abuse), mitigated the crediting entry in the service record and as a result it is inequitable. 2. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board further determined the reason for discharge was both 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 from general, under honorable conditions to honorable. 2. The applicant states, in effect, he was a good Soldier and received numerous awards. He tried to cope with Post Traumatic Stress Disorder (PTSD) by self medicating; his PTSD evolved into a schizoaffective disorder. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 March 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 20 April 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: HHB, 5-25th Field Artillery, 4th Brigade Combat Team (Rear) (Provisional), Fort Polk, LA f. Current Enlistment Date/Term: 2 August 2006, 6 years g. Current Enlistment Service: 4 years, 8 months, 19 days h. Total Service: 6 years, 7 months, 19 days i. Lost time: None j. Previous Discharges: RA (040902-060801)/HD k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 13B10, Cannon Crewmember m. GT Score: 95 n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Iraq x 2 (051101-061101), (071206-090306) q. Decorations/Awards: ARCOM-4, AAM-2, AGCM,NDSM, ICM-CS, GWOTSM, ASR, CAB r. Administrative Separation Board: Yes s. Performance Ratings: No t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 2 September 2004, for a period of 3 years and 16 weeks. He was 18 years old at the time of entry and a HS Graduate. He was trained in and awarded military occupational specialty (MOS) 13B10, Cannon Crewmember. He reenlisted on 2 August 2006, for a period of 6 years and was 20 years old. His record also shows he served two combat tours, earned four ARCOMs, two AAMs, AGCM, and a CAB; and he achieved the rank of SGT/E-5. He was serving at Fort Polk, LA when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 31 March 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, for receiving a FG Article 15 on 27 January 2011, 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 7 April 2011, 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 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 14 April 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 20 April 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. An Article 15, dated 27 January 2011, for wrongfully marijuana (101102-101202); the punishment consisted of a reduction to E-1, forfeiture of $733 pay for two months, extra duty and restriction for 45 days, (FG). 2. The applicant received two negative counseling statements, dated between 20 January 2010 and 17 December 2010, for Chapter 14 separation and testing positive for marijuana. 3. The record contains a urinalysis report; coded IU (Inspection Unit) dated 1 December 2010. 4. The applicant received two successful NCOERs covering the periods from 1 January 2008 thru 9 July 2010. 5. DA Form (Report of Mental Status Evaluation), dated 31 January 2011, indicating the applicant was diagnosed with alcohol abuse, cannabis abuse and occupational problems. However, he was psychiatrically cleared for any action deemed necessary by command. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, a handwritten statement (two pages), two DD Forms 214, and a VA rating decision (nine pages). 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, the issues and documents 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 an Article 15, two negative counseling statements, and a urinalysis report. 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 a good Soldier and received numerous awards. The applicant’s service accomplishments and the quality of his service (to include his combat service) prior to the incidents that caused the initiation of discharge proceeding were carefully considered. However, this service was determined not to be sufficiently mitigating to overcome the reason for discharge and the characterization of service granted. 5. The applicant further contends he tried to cope with PTSD by self medicating; his PTSD evolved into a schizoaffective disorder. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Army Community 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. 6. Further, the independent document (VA rating decision), is acknowledged which granted the applicant a 100 percent disability rating for service connected schizoaffective disorder, bipolar type with alcohol dependence and cannabis abuse claimed as PTSD. 7. Furthermore, the fact the VA granted the applicant service connection disability for medical conditions he suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication the applicant was suffering from a disabling medical or mental condition during his discharge processing which would have warranted his separation processing through medical channels. 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, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 27 May 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 4 No Change: 1 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) AR20140005407 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1