IN THE CASE OF: Mr. BOARD DATE: 21 October 2014 CASE NUMBER: AR20140014732 ___________________________________________________________________________ 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 having nightmares and having difficulty readjusting; however, he did not feel he could talk to anyone without being stereotyped as weak. The applicant contends he took his punishment for failing the drug test and upon completion of the punishment, he was expeditiously discharged. The applicant contends he learned his lesson and, had he been given an opportunity for rehabilitation, he would have changed. The applicant contends that he was a good Soldier and this incident was his only mistake. The applicant states, in effect, six years after his discharge he has been diagnosed with PTSD. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 18 August 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 26 August 2008 d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200, Chapter 14-12c(2), JKK, RE-4 e. Unit of assignment: E Company, 307th Brigade Support Battalion, 1st Brigade Combat Team, Fort Bragg, NC f. Current Enlistment Date/Term: 2 August 2007/6 years g. Current Enlistment Service: 1 year, 25 days h. Total Service: 3 years, 1 month, 14 days i. Time Lost: None j. Previous Discharges: DEP, 050624-050712, NA RA, 050713-070801, HD k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 88M10, Motor Transport Operator m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: SWA, Korea p. Combat Service: Iraq (070326-080314) q. Decorations/Awards: ICM, ARCOM, NDSM, GWTOSM, KDSM AAM-2, ASR, OSR, CAB r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 13 July 2005, for a period of 3 years and 17 weeks. He reenlisted in the Regular Army on 2 August 2007, for a period of 6 years. He was 27 years old at the time of reenlistment and a high school graduate. He served in Iraq, earned an ARCOM, AAM, and CAB, and completed 3 years, 1 month, and 14 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Bragg, North Carolina. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 25 July 2008, 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 misconduct (serious offense). Specifically for testing positive for cocaine on 6 May 2008. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 29 July 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement on his own behalf. The record is void of the applicant’s statement. 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 7 August 2008, 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 26 August 2008, 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), 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. There is one positive urinalysis report contained in the record: IU, Inspection Unit, 6 May 2008, cocaine 2. Article 15, dated 4 June 2008, for wrongfully using cocaine on or about 4 May 2008 and on or about 6 May 2008. The punishment consisted of reduction to the grade of E-4, forfeiture of $920.00 per month for two months, 30 days of extra duty. (FG) 3. DA Form 3822-R (Report of Mental Status Evaluation), dated 21 July 2008, reflects that the applicant had a clear and normal though process and was mentally responsible. In addition, it notes that the applicant does not have a disqualifying psychiatric condition in accordance with AR 40-501, which warrants disposition through medical channels. The applicant was psychiatrically cleared for any administrative action deemed appropriate by command. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 12 August 2014, and a DD Form 214 covering the period of service under review. 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. 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 an Article 15 for violations 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 he was having nightmares and having difficulty readjusting; however, he did not feel he could talk to anyone without being stereotyped as weak. 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. 5. The applicant contends that he took his punishment for failing the drug test and upon completion of the punishment, he was expeditiously discharged. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with his overall service record. 6. The applicant contends he learned his lesson and, had he been given an opportunity for rehabilitation, he would have changed. However, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. Further, AR 600-85, paragraph 3-8 entitled self-referrals, states the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance. 7. The applicant contends that he was a good soldier and this incident was his only mistake. 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. 8. The applicant states, in effect, six years after his discharge he has been diagnosed with PTSD. However, the service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. 9. The records show the proper discharge and separation authority procedures were followed in this case. 10. 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: 1 No Change: 4 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) AR20140014732 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1