IN THE CASE OF: BOARD DATE: 26 January 2015 CASE NUMBER: AR20140017850 ___________________________________________________________________________ Board Determination and Directed Action 1. 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 characterization of service was too harsh based on the length and quality of the applicant's service, to include his combat tour, and the medical circumstances surrounding the discharge (i.e., the record shows the applicant underwent a mental status evaluation, which diagnosed the him with PTSD; the evaluation also indicated that alcohol dependence was in early full remission), and as a result it is inequitable. 2. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge to include the RE-code was both proper and equitable, and voted not to change it. 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 and a change to the narrative reason for separation to include the reentry eligibility (RE) code. 2. The applicant states, in effect, he was smoking marijuana and drinking to deal with his Post Traumatic Stress Disorder (PTSD) issues to relieve stress and anger to prevent him from exploding. He was a good Soldier other than the isolated incident. He needed help to overcome his issues but was dealt with punitively. He lost a friend to gang violence and the grief is unresolved. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 6 October 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 29 June 2007 d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200 Chapter 14, paragraph 14-12c, JKQ, RE-3 e. Unit of assignment: A Co, Victory Support Battalion (VCB), Fort Jackson SC f. Current Enlistment Date/Term: 24 July 2003, 4 years g. Current Enlistment Service: 3 years, 11 months, 3 days h. Total Service: 3 years, 11 months, 3 days i. Lost time: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 88M10, Motor Transport Operator m. GT Score: 86 n. Education: HS Graduate o. Overseas Service: Germany/Southwest Asia p. Combat Service: Iraq (040108-050308) q. Decorations/Awards: ARCOM, NDSM, GWOTEM, 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 24 July 2003, for a period of 4 years. He was 18 years old at the time of entry and a HS Graduate. He was trained in and awarded military occupational specialty (MOS) 88M10, Motor Transport Operator. His record shows he served a combat tour, earned an ARCOM; and he achieved the rank of SPC/E-4. He was serving at Fort Jackson, SC when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 10 May 2007, 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 (serious offense), for wrongfully using marijuana. 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 15 May 2007, the applicant was afforded the opportunity to consult with legal counsel, and declined 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. On 30 May 2007, the intermediate commander reviewed the proposed action and recommended the applicant be retained in service due to his success in rehabilitation. 4. On 30 May 2007, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. On 1 June 2007, the separation authority withdrew his approval of the applicant’s administrative separation. 5. On 20 June 2007, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 6. The applicant was discharged from the Army on 29 June 2007, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), with a Separation Program Designator code (SPD) of JKQ and a RE code of 3. 7. 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, 1 May 2007, for being derelict in the performance of his duties between (070226- 070227) and (070226); wrongfully using marijuana (070217-070309); and with intent to defraud by altering a sick call slip by wrongfully checking the quarters block and adding 24 hours (070309); the punishment consisted of a reduction to E-1, forfeiture of $650 pay for two months, extra duty and restriction for 45 days (FG). 2. An Article 15 dated, 13 February 2007, for failing to go at the time prescribed to his appointed place of duty x 2 (070202, 070208); and willfully disobeying a lawful command from a CPT between (070125-070206); the punishment consisted of extra duty for 14 days, (Summarized). 3. A Military Police Report dated 6 April 2007, indicating the applicant was under investigation for wrongfully using marijuana. 4. He received several counseling statements dated between 29 January 2007 and 12 March 2007, for initial counseling, missing formations, failing to sign in on the brigade staff duty logs, regarding ASAP appointments, a written agreement, failing to prepare, disrespecting and disobeying a direct order, forging an official document, disobeying an order and being flagged. 5. The record contains a positive urinalysis report coded PO (Probable Cause), dated 9 March 2007, for THC. 6. DA Form (Report of Mental Status Evaluation), dated 7 May 2007, indicating the applicant was diagnosed with PTSD; and alcohol dependence in early full remission. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, and an American Legion Brief. 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. 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 "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, misconduct (serious offense). 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned a SPD Code of "JKQ" will be assigned a RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of his characterization of service and a change to the narrative reason for separation to include the RE code was carefully considered. 2. After examining the applicant’s record of service, his military records, and issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to honorable for the following reasons: a. Length, quality and the applicant’s combat service: The applicant served 3 years, 11 months, and 3 days of his 4 year enlistment contract, thus the preponderance of his service was honorable. The record confirms he received ARCOM; and the applicant served a combat tour in Iraq. b. Medical circumstances surrounding the discharge (i.e., the record shows the applicant underwent a mental status evaluation, which diagnosed him with PTSD; the evaluation also indicated that alcohol dependence was in early full remission). 3. This recommendation was made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct. The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh and as a result, it is inequitable. 4. In view of the foregoing, the analyst recommends the Board partial relief in the form of an upgrade of the characterization of service to honorable. 5. The applicant requested a change to the reason for the discharge to include the RE code. 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 (serious offense). The regulation further stipulates that no deviation is authorized. 6. Further, the SPD Code/RE Code Cross Reference Table shows that a Soldier assigned a SPD Code of "JKQ" will be assigned a RE Code of 3. 7. Therefore, the reason for discharge to include the RE-code being both proper and equitable, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Personal Appearance Date: 26 January 2015 Location: Washington, DC Did the Applicant Testify: Tender Offer Counsel: Yes Witness/Observers: NA Board Vote: Character Change: 5 No Change: 0 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: Honorable Change Reason to: No Change Change Authority for Separation: No Change Change RE Code to: No Change 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) AR20140017850 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1