IN THE CASE OF: BOARD DATE: 27 May 2015 CASE NUMBER: AR20140008950 ___________________________________________________________________________ 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 an upgrade of his under other than honorable conditions discharge to general, under honorable conditions. 2. The applicant states, in effect, he was a model Soldier before he made the mistake of using cocaine. He states, he was wrong and did not know what he was thinking at the time. He loved serving as a Green Beret and served to the best of his ability. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 30 April 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 21 October 2003 d. Reason/Authority/SPD/RE Code: In Lieu of Trial by Court-Martial, AR 635-200, KFS, RE-4 e. Unit of assignment: HSC, 2nd Battalion, 7th Special Forces Group (Airborne), Fort Bragg, NC f. Current Enlistment Date/Term: 5 April 1999/Indefinite g. Current Enlistment Service: 4 years, 6 months, 17 days h. Total Service: 15 years, 2 months, 20 days i. Time Lost: None j. Previous Discharges: DEP, 880126-880801, NA RA, 880802-990503, HD RA, 920504-950726, HD RA, 950727-990404, HD k. Highest Grade Achieved: E-6 l. Military Occupational Specialty: 18E1P, SF Commo Sergeant 11B1P, Infantryman m. GT Score: 121 n. Education: HS Graduate o. Overseas Service: Hawaii, Korea, Sinai, Egypt p. Combat Service: None q. Decorations/Awards: MSM, ARCOM-2, AGCM-4, NDSM, NPDR-2, ASR, OSR-2, MFOM, CIB, EIB r. Administrative Separation Board: NA s. Performance Ratings: Yes t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 2 August 1988, for a period of 4 years. He was 20 years old at the time of entry and a high school graduate. He reenlisted multiple times and on 5 April 1999 he reenlisted for an indefinite period of time. He served in Hawaii, Korea, Sinai, and Egypt and completed 15 years, 2 months, 20 days of active duty service. When his discharge proceedings were initiated, he was serving in Fort Bragg, NC. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458 (Charge Sheet) which indicates on 26 August 2003, the applicant was charged with wrongful use of cocaine. 2. On 27 August 2003, separation action under the provisions of AR 635-200, Chapter 14-12c, for misconduct (serious offense) was suspended pending further investigation into alleged additional misconduct. 3. On 4 September 2003, a partial request indicates the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense. 4. On 22 September 2003, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of under other than honorable conditions. The applicant was reduced to the lowest enlisted rank. 5. The applicant was discharged from the Army on 21 October 2003, with a characterization of service of under other than honorable conditions. 6. The applicant’s record of service does not show any record of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Memorandum, dated 27 August 2003, suspended the Chapter 14-12c separation action. 2. A mental status evaluation, dated April 2003, reflects the applicant had a clear and normal thought process and content, was mentally responsible, and had no evidence of a psychiatric condition which warranted disposition through medical channels. 3. DA Form 458 (Charge Sheet), dated 26 August 2003, reflects the applicant was charged with the wrongful use of cocaine. 4. There are two positive urinalysis reports contained in the record: a. IR, Inspection Random, 6 August 2003, cocaine b. IR, Inspection Random, 11 September 2002, cocaine 5. Article 15, dated 20 November 2002, for the wrongful use of cocaine between 25 August 2002 and 11 September 2002. The punishment consisted of forfeiture of $1,000 pay per month for one month, and 45 days of extra duty and restriction (suspended) (FG). 6. Article 15, dated 11 June 2003, for failing to go at the time prescribed to his appointed place of duty on 14 May 2003, 16 May 2003 and 27 May 2003. The punishment consisted of a written admonition (CG). 7. A GOMOR, dated 12 November 2002, for testing positive for the use of cocaine during a unit urinalysis test on 11 September 2002. 8. Three NCOERs covering the period of November 2000 through November 2002. The applicant received two “Among the Best” ratings and a “Marginal” rating from his raters and two “1/1” and a “5/5” rating for his “Overall Performance/Overall Potential” from his senior raters. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 30 April 2014, a DD Form 214, 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 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. 2. Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of his characterization was carefully considered. However, after examining the applicant’s record of service, the issue and document submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. It also shows that after consulting with defense counsel, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 3. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority and it does not support an upgrade to an honorable or a general discharge at this late date. 4. The applicant contends he was a model Soldier before making the terrible mistake of abusing illegal drugs. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceedings were carefully considered. However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct, two Article 15s, a GOMOR, two positive urinalysis tests for cocaine, and a marginal evaluation of his performance. 5. Therefore, the reason and characterization of service being both proper and equitable, recommend 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: 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) AR20140008950 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1