IN THE CASE OF: BOARD DATE: 27 May 2015 CASE NUMBER: AR20140008967 ___________________________________________________________________________ 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 her general, under honorable conditions discharge to honorable and a change to her reentry code. 2. The applicant states, in effect, she desires to attend school, get better employment and reenter the military after college. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 21 May 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 13 November 2009 d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200, Chapter 14-12c(2), JKK, RE-4 e. Unit of assignment: Headquarters Company, 27th Engineer Battalion (Combat)(Airborne), Fort Bragg, NC f. Current Enlistment Date/Term: 23 August 2007/3 years, 2 weeks g. Current Enlistment Service: 4 months, 13 days h. Total Service: 1 year, 4 months, 20 days i. Time Lost: 673 days j. Previous Discharges: USAR, 061016-070822, NA (concurrent service) k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 42A10, Human Resources Specialist m. GT Score: 84 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 Army Reserve on 16 October 2006, for a period of 8 years. She was 19 years old at the time of entry and a high school graduate. She reenlisted in the Regular Army on 23 August 2007, for a period of 3 years and 2 weeks. Her record is void of any significant awards of valor and achievement. She completed 1 year, 4 months and 20 days of creditable military service. When her discharge proceedings were initiated, she was serving at Fort Bragg, NC. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 16 October 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Army Regulation 635-200, Chapter 14-12c, commission of a serious offense. Specifically for testing positive for marijuana and being AWOL on several occasions. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 16 October 2009, 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 20 October 2009, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was separated on 13 November 2009, 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 shows she was AWOL during the periods of 21 September 2007 through 15 October 2007 and 5 November 2007 through 17 August 2009. She surrendered and returned to military control. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. MEDCOM FORM 4038 (Report of Behavioral Health Evaluation), dated 20 August 2009, reflects the applicant had a clear and normal thought process and content, was mentally responsible and diagnosed with occupational problems. There was no diagnosis or evidence of Post Traumatic Stress Disorder or Traumatic Brain Injury. 2. DA Form 458 (Charge Sheet), dated 5 December 2007, reflects the applicant was charged with being AWOL on 5 November 2007 and remaining so into desertion. 3. There is one positive urinalysis report contained in the record: IR, Inspection Random, 16 September 2009, marijuana 4. A negative counseling statement, dated 26 August 2009, for substandard performance. 5. Five DA Forms 4187 (Personnel Action), dated between 21 September 2007 and 18 August 2009, reflects changes to the applicant’s duty status. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 1 May 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 that 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 diminished the quality of her service below that meriting a fully honorable discharge. The applicant’s record of service was marred by a positive urinalysis for marijuana, a negative counseling statement, and 673 days of time lost due to being AWOL. 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 has expressed her desire to rejoin the Service, to have better job opportunities and the benefits of the GI Bill. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 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. 5. The records show the proper discharge and separation authority procedures were followed in this case. 6. Therefore, the reason for discharge and the 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) AR20140008967 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1