IN THE CASE OF: BOARD DATE: 24 September 2014 CASE NUMBER: AR20140009753 ___________________________________________________________________________ Board Determination and Directed Action 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. After examining the applicant’s record of service, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. However, the service record indicates that someone in the discharge process erroneously entered the reason for separation as misconduct, authority as AR 635-200, paragraph 14-12c, SPD code of JKQ, and reentry code of 3. The separation authority approved the discharge under the provisions of AR 635-200, paragraph 14-12c(2), for misconduct (drug abuse). 3. Therefore, the characterization of service being both, proper and equitable, recommend the Board deny relief. However, recommend the Board make the following changes: a. change block 25, separation authority to AR 635-200, paragraph 14-12c(2) b. change block 26, separation code to JKK c. change block 27, reentry code to 4 d. change block 28, narrative reason for separation to Misconduct (Drug Abuse) 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 to honorable and a change to the narrative reason for separation. 2. The applicant states, in effect, he has applied for law enforcement jobs, most notably Homeland Security, and has been denied due to the characterization of his discharge. The applicant contends that he was fighting depression, diagnosed by Tripler Army Medical Center, coupled with his spouse leaving with their two kids, and writing bad checks led to his ill advised choice. The applicant further contends that he is no longer that person and he served his country in great standing with no negative issues until the incident that led to his discharge. The applicant states he is using his educational benefits, only receiving 80 percent, but wants and needs 100 percent. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 June 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 7 September 2005 d. Reason/Authority/SPD/RE Code: Misconduct, AR 635-200, Chapter 14-12c, JKQ, RE-3 e. Unit of assignment: 39th Military Police Detachment Fort Shafter Military Police Battalion Schofield Barracks, Hawaii f. Current Enlistment Date/Term: 24 November 2003/3 years g. Current Enlistment Service: 1 year, 9 months, 15 days h. Total Service: 7 years, 3 months, 7 days i. Time Lost: None j. Previous Discharges: DEP, 980122-980531, NA RA, 980601-031123, HD k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 31B10, Military Police m. GT Score: 107 n. Education: HS Graduate o. Overseas Service: Hawaii/Egypt (000901-001001) p. Combat Service: None q. Decorations/Awards: AAM-6, GWOTSM, AGCM, NDSM NCOPDR, ASR, OSR r. Administrative Separation Board: Waived s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 1 June 1998, for a period of 5 years. He reenlisted in the Regular Army on 24 November 2003, for a period of 3 years. He was 25 years old at the time of reenlistment and a high school graduate. He served in Hawaii, and Egypt. He earned six AAMs and completed 7 years, 3 months, and 7 days of active duty service. When his discharge proceedings were initiated, he was serving at Schofield Barracks, Hawaii. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record shows that on 16 March 2005, 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 of misconduct (Commission of a Serious offense – Abuse of Illegal Drugs), on 24 October 2004, he received a field grade Article 15, for wrongfully using marijuana twice, on or about (040623-040723 and 040726-040825). 2. The unit commander recommended an honorable discharge and advised the applicant of his rights. 3. On 16 March 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement on his behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commanders reviewed the proposed action and recommended approval of the separation with an honorable discharge. 4. On 24 May 2005, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was discharged from the Army on 7 September 2005, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct, a Separation Program Designator code (SPD) of JKQ and an RE code of 3. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. The applicant’s record is void of the DD Forms 2624 (Specimen Custody Document-Drug Testing), dated 23 July 2004 and 25 August 2004. 2. There were two positive urinalysis reports contained in the record, dated 23 July 2004 and 25 August 2004, indicating positive use of THC (marijuana). However, the record does not contain specifics in regards to the drug test basis and/or codes used. 3. An Article 15, dated 26 October 2004, for wrongful use of marijuana on or between 23 June 2004 to 23 July 2004, and on or between 26 July 2004 to 25 August 2004. The punishment consisted of reduction to the grade of E-4, forfeiture of $600 pay per month for two months, and 45 days of extra duty (FG). 4. One counseling statement, dated 10 September 2004, for positive urinalysis test for marijuana. 5. Report of Mental Status Evaluation, dated 20 December 2004, reflects the applicant had a clear and normal thought process and was mentally responsible. EVIDENCE SUBMITTED BY THE APPLICANT: None provided with the application. POST-SERVICE ACTIVITY: None were provided with the 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. 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, 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 and a change to the narrative reason for separation was carefully considered. However, after examining the applicant’s record of service, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or a change to the narrative reason for separation. 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 non-commissioned officer. The applicant, as an NCO, 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. The applicant’s record of service was marred by an Article 15 for violation of the Uniform Code of Military Justice. 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 that a change in the reason for the discharge would allow for better job opportunities. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, for misconduct. 5. Further, the SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 6. The applicant contends that he has been denied law enforcement job opportunities and that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 7. The applicant contends that his depression, diagnosed by Tripler Army Medical Center, contributed to his discharge from the Army. However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. 8. The applicant contends that he was having family and financial issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 9. The applicant contends the incident that caused his discharge was the only one in his entire Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 10. The applicant contends that an upgrade of his 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. 11. The records show the proper discharge and separation authority procedures were followed in this case. 12. The service record indicates that someone in the discharge process erroneously entered the reason for separation as misconduct, authority as AR 635-200, paragraph 14-12c, SPD code of JKQ, and reentry code of 3. However, the separation authority approved the discharge under the provisions of AR 635-200, paragraph 14-12c(2), for misconduct (drug abuse). 13. Therefore, the characterization of service being both, proper and equitable, recommend the Board deny relief. However, recommend the Board make the following changes: a. change block 25, separation authority to AR 635-200, paragraph 14-12c(2) b. change block 26, separation code to JKK c. change block 27, reentry code to 4 d. change block 28, narrative reason for separation to Misconduct (Drug Abuse) SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 24 September 2014 Location: Washington, DC Did the Applicant Testify? No Counsel: None 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 Change Characterization to: No Change Change Reason to: Misconduct (Drug Abuse) Change Authority for Separation: AR 635-200, Chapter 14, Paragraph 14-12c(2) Change RE Code to: 4 Grade Restoration to: NA Other: Separation Program Designator (SPD) code JKK 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) AR20140009753 Page 6 of 7 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1