IN THE CASE OF: BOARD DATE: 10 June 2015 CASE NUMBER: AR20140006191 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation which follows, the Board determined the discharge to be 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 general, under honorable conditions discharge characterization to honorable. 2. The applicant states, in effect, the Army failed to treat him for PTSD and a traumatic brain injury but instead used non-judicial punishment to separate him from the Army. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 1 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 8 March 2012 d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200, Chapter 14-12c (2), JKK, RE-4 e. Unit of assignment: B Company, 1st Battalion, 63rd Armor Regiment, Fort Riley, KS f. Current Enlistment Date/Term: 9 October 2011/4 years g. Current Enlistment Service: 5 months h. Total Service: 2 years, 11 months, 2 days i. Time Lost: None j. Previous Discharges: DEP, 090407-090811, NA RA, 090812-111008, HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 68W10, Health Care Specialist m. GT Score: 105 n. Education: GED o. Overseas Service: SWA p. Combat Service: Iraq (101113-111109) q. Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM-CS, ASR, OSR, CAB r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 12 August 2009, for a period of 4 years. He was 21 years old at the time of entry and had a General Equivalency Diploma. He served in Iraq and earned an ARCOM and a CAB. He completed 2 years, 11 months, and 2 days of active duty service. When his discharge proceedings were initiated, he was serving in Fort Riley, KS. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 15 February 2012, the unit commander notified the applicant of initiation of separation action under the provision of Army Regulation 635-200, Chapter 14-12c(2), for misconduct (drug abuse); specifically for testing positive for cocaine. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 22 February 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in 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 28 February 2012, the separation authority waived further rehabilitation efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was separated on 8 March 2012, under Army Regulation 635-200, Chapter 14-12c (2) with a general, under honorable conditions discharge, an SPD code of JKK, and a RE code of 4. 6. The applicant’s record contains no evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Article 15, dated 18 January 2012, for the wrongful use of cocaine. The punishment consisted of a reduction to the grade of E-3, forfeiture of $733 pay per month for two months (suspended) and 45 days extra duty and restriction (FG). As a note, the applicant’s reduction reads Private First Class (E-1). 2. There is one positive urinalysis test in the record for cocaine on 1 December 2011. The basis for the test was inspection random (IR). 3. Three negative counseling statements, dated 9 January 2011 x 2 and 12 January 2011, for a positive urinalysis test, post restrictions and separation counseling. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 9 January 2014, a DD Form 214, documents from the Department of Veterans Affairs, dated 3 December 2012 and 4 December 2012. POST-SERVICE ACTIVITY: The applicant did not provide any in support of 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. 2. After examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to honorable for the following reasons: a. Length and quality of service: The applicant served 2 years, 11 months, 2 days, thus the preponderance of his service was honorable. b. The record confirms the applicant received several awards, specifically an ARCOM and a CAB. c. The applicant’s post-service diagnosis of PTSD could have attributed to his service in the military service. 3. This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct. The evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result inequitable. 4. In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant relief in the form of an upgrade of the characterization of service to honorable. However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable. Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation, the Board determined the discharge to be proper and equitable and voted to deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 10 June 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) AR20140006191 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1