IN THE CASE OF: Mr. BOARD DATE: 21 October 2014 CASE NUMBER: AR20140012626 ___________________________________________________________________________ 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 general, under honorable conditions discharge to honorable. 2. The applicant states, in effect, he was going through a lot when he was discharged after his best friend was killed by an IED. He states he developed a drug problem and began drinking heavily. He states he failed a drug test and the only option his chain of command wanted to consider was to separate him from the military. He contends he did not receive any assistance from his chain of command for his drug and alcohol problems. He believes he could have been successful in the military if given the opportunity. He states after his discharge he spent three years in jail but is now trying to get his priorities in order. He has graduated from rehabilitation and is doing well. He contends he is a good person who has some problems but would like to be able to get a job and talk about his military service. He also contends he would like to be able to get benefits from the VA. His dealings with Post Traumatic Stress Disorder (PTSD) is serious and he wonders if he will ever be the same again. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 11 July 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 10 August 2009 d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200, Chapter 14-12c(2), JKK, RE-4 e. Unit of assignment: HHT, 2-3rd Armored Calvary Regiment, Fort Hood, TX f. Current Enlistment Date/Term: 29 September 2005/6 years g. Current Enlistment Service: 3 years, 10 months, 12 days h. Total Service: 3 years, 10 months, 12 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 63H10, Tracked Vehicle Mechanic m. GT Score: 127 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Iraq (071025-090104) q. Decorations/Awards: ARCOM, AAM, AGCM, NDSM, GWOTSM, ICM-CS, NOPDR, ASR, OSR r. Administrative Separation Board: NA s. Performance Ratings: NIF t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 29 September 2005, for a period of 6 years. He was 21 years old at the time of entry and a high school graduate. He served in Iraq and earned an ARCOM and AAM. He completed 3 years, 10 months, 12 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 20 July 2009, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c, misconduct (serious offense). Specifically for wrongful use of cocaine, D-Amphetamines and D-Methamphetamines. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 22 July 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in 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 an unknown date, 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 10 August 2009, under 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 reports contained in the record: IO, Inspection Other, 12 May 2009, cocaine, d-amphetamine, d-methamphetamine 2. Article 15, dated 5 June 2008, for behaving with disrespect toward CPT D, by expressing provocative language and showing undue familiarity in an [sic] email correspondence. The punishment consisted of 14 days of extra duty and a formal written/oral apology to CPT D (CG). 3. Article 15, dated 14 July 2009, for wrongful use of cocaine, d-amphetamines, and d-methamphetamines. The punishment consisted of a reduction to the grade of E-4, forfeiture of $1,012 pay for two months (suspended), and extra duty and restriction for 45 days (FG). 4. Three negative counseling statements dated between 12 May 2009, 29 May 2009 and 24 June 2009, for recommendation for separation from the Army, disrespect to a commissioned officer, and recommendation for a FG Article 15. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application, dated 24 June 2014, a DD Form 214, court documents from the State of Indiana. POST-SERVICE ACTIVITY: The applicant states he completed a rehabilitation program. 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. However, after examining the applicant’s record of service, his military records, the documents 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 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 two Article 15s, a positive urinalysis test and three negative counseling statements. 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 his chain of command did not provide any assistance to him with the problems he faced before his discharge. However, the evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. Further, the applicant 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. 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: Record Review Date: 21 October 2014 Location: Washington, DC Did the Applicant Testify? No 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) AR20140012626 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1