IN THE CASE OF: BOARD DATE: 3 June 2015 CASE NUMBER: AR20140010698 ___________________________________________________________________________ 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 improper. The evidence indicates the applicant was not afforded an administrative separation board and was entitled to one because he had over six years of total active and reserve military service at the time of initiation of the separation action. An administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects the applicant did not receive an administrative separation board and did not waive it either. Denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority. 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 characterization of service to honorable. 2. The applicant states, in effect, he began to abuse alcohol after his deployment and received an Article 15 for underage drinking in 2010. He states, he requested assistance from his chain of command and attempted to self-enroll in the Army Substance Abuse Program. However, he contends, his first sergeant would not attend the meetings for him to be enrolled in the program. He states, in 2012, he stopped drinking and was reassigned to his unit’s scout section and prepared to transition from the military. After being told he would not be able to leave the military earlier than his expiration term of service (ETS) date to attend school, he began to drink again to cope with the situation. He states, while at a party, he ingested prescription medication unconsciously and tested positive on a urinalysis test. He contends, while other Soldiers received non-judicial punishment for offenses such as DUI and allowed to remain on active duty while he was discharged one month prior to his ETS. He believes his discharge was unjust. Since his discharge, the applicant states he is currently a student at Catholic University of America, abstains from alcohol and all other illicit substances. He contends, this was an isolated incident and does not reflect his overall career. He states, an upgrade of his discharge would increase his opportunities to continue to support this great country and become a more productive citizen. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 16 June 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 13 August 2013 d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200, Chapter 14-12c(2), JKK, RE-4 e. Unit of assignment: HHC, 2nd Battalion, 505th Parachute Infantry Regiment, Fort Bragg, NC f. Current Enlistment Date/Term: 12 June 2008/5 years, 16 weeks g. Current Enlistment Service: 5 years, 2 months, 2 days h. Total Service: 6 years, 1 month, 3 days i. Time Lost: None j. Previous Discharges: DEP, 070711-080611, NA k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 11B1P, Infantryman m. GT Score: 108 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Afghanistan (120614-121004) Iraq (081205-091115) q. Decorations/Awards: ACM-CS, ICM-2CS, ARCOM-2, AGCM, NDSM, GWOTSM, NPDR, ASR, OSR, NATO MDL, CIB r. Administrative Separation Board: No s. Performance Ratings: NA t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 12 June 2008, for a period of 5 years and 16 weeks. He was 18 years old at the time of entry and a high school graduate. He served in Afghanistan and Iraq, earned two ARCOMs and a CIB, and completed 6 years, 1 month, and 3 days of creditable military service. When his discharge proceedings were initiated, he was serving at Fort Bragg, NC. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 26 July 2013, the unit commander notified the applicant of initiation of separation action under the provisions of Army Regulation 635-200, misconduct (drug abuse). Specifically for using oxycodone and oxymorphone between 2 May 2013 and 9 May 2013. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 26 July 2013, the applicant elected to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. However, the service record is void of the date he was given the opportunity to confer with counsel. 4. On 30 July 2013, the applicant signed an election of rights form notifying him he was not entitled to an administrative separation board because he had less than six years of active and reserve service at the time of notification for separation, and he had been given notice that he was being recommended for a characterization of service of honorable or general, under honorable conditions. He did not make an election to accept or decline the opportunity to speak with counsel; however, he elected not to submit a statement on 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 31 July 2013, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. However, he was separated as a PVT/E-1 and the action that caused his reduction is not contained in the service record. 5. The applicant was separated on 13 August 2013, 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: Discharge Orders Number 217-0255, DA Headquarters, US Army Garrison, Fort Bragg, Fort Bragg, NC, dated 5 August 2013, discharged the applicant from the Army effective 8 August 2013. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an undated DD Form 293, a self-authored statement, a DD Form 214, an unofficial transcript from The Catholic University of America, dated 13 May 2014, Orders Number 180-066, two ARCOM certificates, a NATO Medal Certificate, Airborne Course Diploma, Permanent Orders Number 297-3272, dated 23 October 2008, acceptance and wear of foreign badge memorandum, dated 7 March 2012, Orders Number 326-42, dated 21 November 2008, two certificates of achievement, two certificates of training, WLC Diploma, DA Form 1059, dated 18 April 2013, Driver’s Badge Award Recommendation, dated 12 May 2009, BN Crew Specialist Checklist, dated 21 January 2009, NATO Travel Orders Number BG-153-0771(N), Orders Number 333-03, dated 28 November 2008, Womack Army Medical Center Consent Form, dated 20 November 2012, and a Enlisted Record Brief, dated 11 August 2013. POST-SERVICE ACTIVITY: The applicant states, he is currently enrolled as a student at The Catholic University of America and has abstained from alcohol and all other illicit substances. 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 a careful review of all the applicant’s military records, the issue and documents submitted with the application, the characterization of service and reason for the discharge appear to be improper. 3. The service record confirms that when the unit commander notified the applicant of initiation of discharge proceedings on 26 July 2013, the applicant had completed a total of 6 years and 16 days of service from the day he entered the Delayed Entry Program on 11 July 2007. In accordance with AR 635-200, the applicant was entitled to a hearing before an administrative separation board because he had 6 or more years of total active and reserve service on the date of initiation of recommendation for separation. 4. The service record indicates the applicant was notified on 30 July 2013, that he was not entitled to an administrative separation board because he had less than six years of service at the time he was notified of separation actions against him and that he was being recommended for an honorable or general, under honorable conditions characterization of service. An administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects the applicant did not receive an administrative separation board. Denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper. 5. The records show the proper discharge and separation procedures were not followed in this case. 6. Therefore, the discharge being improper, recommend the Board grant relief in the form of an upgrade of a change to the characterization of service to “Honorable,” and a change to the narrative reason for separation to “Secretarial Authority,” under the provisions of Chapter 5, Paragraph 5-3, AR 635-200, with a corresponding separation (SPD) code of "JFF." This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 3 June 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 Reason Change: 5 No Change: 0 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: Secretarial Authority Change Authority for Separation: AR 635-200, Chapter 5-3 Change RE Code to: No Change Grade Restoration to: Other: Separation Program Designator (SPD) code JFF 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) AR20140010698 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1