IN THE CASE OF: BOARD DATE: 1 October 2014 CASE NUMBER: AR20140013868 ___________________________________________________________________________ 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 discharge from general, under honorable conditions to honorable. 2. The applicant states, in effect, he was deployed and returned with Post Traumatic Stress Disorder (PTSD) and turned to illegal substances. He is in recovery, taking steps to better his life and an upgrade would help him be a better contributor to society. He requests an upgrade of his discharge to receive education benefits. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 7 August 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 30 November 2010 d. Reason/Authority/SPD/RE: Misconduct (Drug Abuse), AR 635-200, Chapter 14 paragraph 14-12c(2), JKK, RE-4 e. Unit of assignment: HHC, Combat Aviation Brigade (Rear) (Provisional), Fort Hood, TX f. Current Enlistment Date/Term: 1 November 2007, 3 years and 24 weeks/with a 6 month extension (100128) g. Current Enlistment Service: 3 years, 1 month h. Total Service: 3 years, 1 month i. Lost time: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 92G10, Food Service Operations m. GT Score: 90 n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Iraq (080615-090930) q. Decorations/Awards: ARCOM, AAM-2, ICM-W/2 CS, NDSM, GWOTSM ASR, OSR r. Administrative Separation Board: No 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 November 2007, for a period of 3 years and 24 weeks, with a 6 month extension. He was 22 years old at the time of entry and a HS Graduate. He was trained in and awarded military occupational specialty (MOS) 92G10, Food Service Operations. His record also shows that he served a combat tour, earned several awards including an ARCOM and an AAM-2, and he achieved the rank of SPC/E-4. He was serving at Fort Hood, TX when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 18 October 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-abuse of illegal drugs. Specifically for the following offenses: a. receiving a FG Article 15 for wrongfully using marijuana (100920), and b. testing positive for marijuana (100512). 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. On 25 October 2010, the applicant was afforded the opportunity to consult with legal counsel and waived the opportunity to do so, was advised of the impact of the discharge action, and did not 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 10 November 2010, 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 30 November 2010, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), with a Separation Program Designator code (SPD) of JKK and an RE code of 4. 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. An Article 15, dated 20 September 2010, for wrongfully using marijuana (100619-100719); the punishment consisted of a reduction to E-1, forfeiture of $723 pay for 2 months, extra duty for 45 days and restriction for 45 days (FG). 2. The applicant received a negative counseling statement, dated 27 July 2010, for testing positive for THC. 3. The record contains two positive urinalysis reports both coded IU (Inspection Unit), dated 19 July 2010 and 12 May 2010, and both for THC. 4. A DA Form 8003, Army Substance Abuse Program (ASAP) Enrollment, dated 27 October 2010, indicating the applicant was command referred to ASAP. 5. A DA Form 3822 (Report of Mental Status Evaluation), dated 13 August 2010, indicating there was no psychiatric duress, coercion, or mental reservation shown by the applicant and his mental status evaluation was unremarkable. The PTSD screen was elevated due to generalized anxiety and the TBI screen was within normal limits. The applicant could continue processing for Chapter 14. Continued treatment from ASAP and his primary care provider was recommended. No further evaluation and treatment was recommended. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, a mental status evaluation, and a report of medical assessment (two pages). POST-SERVICE ACTIVITY: The applicant did not provide any information with his 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 his discharge was carefully considered. However, after examining the applicant’s record of service, his military records, the issues and documents 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 Soldier. The applicant, as a Soldier, 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, a negative counseling statement, two positive urinalysis reports and an ASAP enrollment form. 3. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance. 4. The applicant contends he was deployed and returned with PTSD and turned to illegal substances. The service record contains no evidence of a PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. 5. Further, 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. 5. The applicant further contends he is in recovery, taking steps to better his life and an upgrade would help him be a better contributor to society. The applicant is to be commended for his efforts. This contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. 6. Also, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 7. The applicant requested an upgrade of his discharge to receive education benefits. 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. 8. The records show the proper discharge and separation authority procedures were followed in this case. 9. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 1 October 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: No Change Characterization to: No Change Change Reason to: No Change Change RE Code to: No Change Grade Restoration to: NA Change Authority for Separation: No Change 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) AR20140013868 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1