IN THE CASE OF: Ms. BOARD DATE: 22 April 2015 CASE NUMBER: AR20140008277 ___________________________________________________________________________ Board Determination and Directed Action 1. 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 to be both proper and equitable and voted to deny relief. 2. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26 and 28, contain erroneous entries. 3. The Board directed the following administrative corrections and reissue of the applicant’s DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, c. block 27, reentry code changed to 3, c. block 28, narrative reason for separation changed to Misconduct (Serious Offense). 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 her general, under honorable conditions discharge characterization of service to honorable. 2. The applicant states, in effect, her discharge is improper because it is based on one isolated incident in 28 months of service with no other adverse action. She contends she receives compensation for an anxiety disorder and believes her mental disability was a contributing factor to her discharge. She desires to use her education benefits. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 5 May 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 29 December 2008 d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200, Chapter 14-12c (2), JKK, RE-4 e. Unit of assignment: 204th Brigade Support Battalion (Rear) (Provisional), Fort Carson, CO f. Current Enlistment Date/Term: 3 August 2006/4 years, 19 weeks g. Current Enlistment Service: 2 years, 4 months, 27 days h. Total Service: 2 years, 4 months, 27 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: 94 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, ASR 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 3 August 2006, for a period of 4 years and 19 weeks. She was 18 years old at the time of entry and a high school graduate. Her record is void of any significant acts of valor and achievement. She completed 2 years, 4 months, 27 days of active duty service. When her discharge proceedings were initiated, she was serving at Fort Carson, CO. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 5 December 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Army Regulation 635-200, Chapter 14-12c, for misconduct, commission of a serious offense. Specifically for testing positive for marijuana on a urinalysis, larceny and numerous failures to report. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 9 December 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her 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 12 December 2008, 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 29 December 2008, under the provisions of Army Regulation 635-200, Chapter 14-12c (2), with a general, under honorable conditions discharge, an SPD code of JKK, and an RE code of 4. 6. The applicant’s record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There is one positive urinalysis report contained in the record: IR, Inspection Random, 3 October 2008, marijuana 2. Article 15, dated 24 November 2008, for failing to be at her appointed place of duty (081028 and 081029), disobeying an order (081102) and wrongful use of marijuana (081001-081003). The punishment consisted of forfeiture of $673 pay per month for two months and 45 days of extra duty and restriction (FG). The applicant appealed the imposed punishment and on 26 November 2008, her appeal was denied. 3. Article 15, dated 16 October 2008, failing to be at her appointed place of duty (080903, 080909 x 2, and 080919) and driving a vehicle without a license (080903). The punishment consisted of forfeiture of $314 pay and extra duty and restriction for 14 days (CG). The applicant appealed the punishment and her appeal was denied on 22 October 2008. 4. Article 15, dated 9 February 2008, for stealing property of AAFES (080118). The punishment consisted of a reduction to the grade of E-1, forfeiture of $312 pay (suspended), and 14 days restriction (CG). 5. A negative counseling statement dated 4 December 2008, for initiation of separation action. 6. DA Form 3822 (Report of Mental Status Evaluation), dated 13 November 2008, reflects the applicant had clear and normal thought process and content and was mentally responsible. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 16 March 2014 and a DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any in support of her 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 her discharge was carefully considered. However, after examining the applicant’s record of service, her 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 her 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 her service below that meriting an honorable discharge. The applicant’s record of service was marred by three Article 15s for multiple violations of the Uniform Code of Military Justice, a positive urinalysis and a negative counseling statement. 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 she has a mental disability that contributed to her misconduct and discharge and is being compensated at 100 percent for her mental health issues. However, the fact the applicant was granted compensation for service-connected medical conditions she suffered while on active duty does not support a conclusion that these conditions rendered her unfit for further service at the time of her discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during her discharge processing that would have warranted her separation processing through medical channels. 5. The applicant contends that an upgrade of her discharge would allow educational benefits through the use of the GI Bill. However, eligibility for veteran's benefits to include 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. 6. The records show the proper discharge and separation authority procedures were followed in this case. 7. 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 1. 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 to be both proper and equitable and voted to deny relief. 2. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26 and 28, contain erroneous entries. 3. The Board directed the following administrative corrections and reissue of the applicant’s DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, c. block 27, reentry code changed to 3, c. block 28, narrative reason for separation changed to Misconduct (Serious Offense). SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 22 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: Yes [administrative] Change Characterization to: No Change Change Reason to: Misconduct (Serious Offense Change Authority for Separation: AR 635-200, Chapter 14-12c Change RE Code to: 3 Grade Restoration to: NA Other: Change Separation Program Designator (SPD) code to JKQ 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) AR20140008277 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1