IN THE CASE OF: Mr. BOARD DATE: 20 March 2015 CASE NUMBER: AR20140006190 ___________________________________________________________________________ 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 to upgrade the characterization of his service from general, under honorable conditions to fully honorable. 2. The applicant states, in effect, an upgrade would allow him to receive substance abuse treatment from the VA; to be able to service his country in the future; and to receive benefits for the time he served. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 1 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 13 December 2012 d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200, Paragraph 14-12c(2), JKK, RE-4 e. Unit of assignment: HHT, 3rd Sqdn, 1st Cavalry Regiment, 3rd Armored BCT (Rear) (Provisional), 3rd ID, Fort Benning, GA f. Current Enlistment Date/Term: 18 April 2011, 3 years, 21 weeks g. Current Enlistment Service: 1 year, 7 months, 26 days h. Total Service: 1 year, 7 months, 26 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 92Y10, Unit Supply Specialist m. GT Score: 100 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: AAM; 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 record shows the applicant enlisted in the Regular Army on 18 April 2011, for a period of 3 years and 21 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) 92Y10, Unit Supply Specialist. He earned an AAM. His record documents no other acts of valor or significant achievement. He completed 1 year, 7 months, and 26 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant’s signature. The applicant’s submitted evidence containing information from his separation packet will be used to describe the facts and circumstances. a. On 1 November 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 misconduct-abuse of illegal drugs, specifically for wrongfully using spice. b. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. c. On 6 November 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action and elected to submit a statement on his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. d. The separation authority’s decision memorandum was incomplete and unauthenticated. 2. The DD Form 214 indicates that on 13 December 2012, the applicant was discharged under the provisions of Chapter 14, AR 635-200, for misconduct (drug abuse), with a characterization of service of general, under honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JKK and a reentry (RE) code of 4. 3. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. 4. On 31 June 2007, HQDA USA Installation Management Command, USAG-Fort Benning, Fort, Benning, GA, Orders Number 334-2223, discharged the applicant from the Army, effective 13 December 2012. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There are no negative counseling statements available in the applicant’s record. 2. Discharge Orders described at the preceding paragraph 4. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a record of his October/November 2012 rehab treatment appointments and a copy of his separation packet, which contains the following evidence: a. Article 15, dated 3 October 2012, disobeying a lawful order for wrongfully using spice (120829). According to the unit commander’s forwarding memorandum, the punishment consisted of a reduction to E-1, forfeiture of $500 per month for two months (suspended), and 45 day of extra duty and restriction, (FG). b. A positive urinalysis report for PO, Probable Cause, spice, 29 August 2012. c. Two negative counseling statements, dated between 24 September 2012 and 9 October 2012, for being directed for a mental status evaluation; being recommended for separation; possessing and testing positive for spice; receiving a FG Article 15 for possession and positive urinalysis for spice; failing to obey a lawful order; resisting apprehension; driving with a suspended license; and testing positive for synthetic cannabis. d. Report of Mental Status Evaluation, dated 16 October 2012, provides no diagnosis. POST-SERVICE ACTIVITY: The applicant provided none. 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, paragraph 14-12c(2), misconduct (drug abuse). 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. 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 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, 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. 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 an upgrade would allow him to receive substance abuse treatment for from theVA; to be able to service his country in the future; and to receive benefits for the time he served. However, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. Further, eligibility for veterans' benefits to include medical treatment and educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Furthermore, the Board does not grant relief for the purpose of obtaining veterans’ benefits. 5. Although the applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army, it contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. Further, although the applicant’s copy of his separation packet is incomplete, the DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c(2), by reason of misconduct (drug abuse), with a characterization of service of general, under honorable conditions. Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Accordingly, the records and the applicant’s submitted evidence show that proper discharge and separation authority procedures were followed in this case. 6. Therefore, based on the available evidence and the government presumption of regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: 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) AR20140006190 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1