IN THE CASE OF: BOARD DATE: 9 February 2015 CASE NUMBER: AR20140018775 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. However, notwithstanding the propriety of the applicant’s discharge, the Board found the applicant’s DD Form 214, block 27 contains the erroneous reentry code of 3. In view of the error, the Board directed an administrative correction to block 27 to read RE-4, as required by Army Regulations in effect at the time of discharge. 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 an honorable discharge. 2. The applicant states, in effect, he was twenty years old at the time of his misconduct and did not consider the consequences of his honesty. Since being discharged from the Army, he has accomplished great things. The manner in which he was discharged was shameful and a black mark on an otherwise exemplary career. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 27 October 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 5 June 2003 d. Reason/Authority/SPD/RE: Misconduct, AR 635-200, Chapter 14, paragraph 14- 12c(2), JKK, RE-3 e. Unit of assignment: HHC, 1-4th Infantry Regiment, APO AE 09173 f. Current Enlistment Date/Term: 5 September 2001, 4 years g. Current Enlistment Service: 1 year, 9 months, 1 day h. Total Service: 1 year, 9 months, 1 days i. Lost time: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: 126 n. Education: One year of college o. Overseas Service: Germany p. Combat Service: None q. Decorations/Awards: ASR 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 5 September 2001, for a period of 4 years. He was 18 years old at the time of entry with one year of college. He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman. His record does not contain any evidence of acts of valor or meritorious achievements; and he achieved the rank of PFC/E-3. He was serving in Germany when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 21 May 2003, 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-commission of a serious offense, for wrongfully using a controlled substance. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. The applicant consulted with legal counsel, 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. 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 5 June 2003, 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, with a Separation Program Designator code (SPD) of JKK and an RE code of 3. 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 28 March 2003, for wrongfully using marijuana (030105-030204); the punishment consisted of a reduction to E-1, forfeiture of $287 pay for two months, extra duty and restriction for 45 days (FG). 2. An Article 15, dated 24 February 2003, for without authority, absenting himself from place of duty, at which he was required (030202), the punishment consisted of extra duty and restriction for 14 days (Summarized). 3. The applicant received a negative counseling statement, dated 4 February 2003, for missing formation. 4. The record contains a positive urinalysis report coded PO (Probable Cause), dated 4 February 2003, for THC. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application (seven pages), and a DD Form 214. POST-SERVICE ACTIVITY: The applicant stated in his application he completed his bachelor’s degree with a major in German in 2007. He worked for almost six years in the professional workforce before returning to the University of Illinois to pursue post-graduate degrees in January, 2014. He is working on completing both his MBA and a Masters degree in Human Resources Management. 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 document 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 two Articles 15, a negative counseling statement, and a positive urinalysis reports. 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 twenty years old at the time of his misconduct and did not consider the consequences of his honesty. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 5. The applicant further contends since being discharged from the Army, he has accomplished great things. The applicant is to be commended for his efforts. However, 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. The applicant also contends that the manner in which he was discharged was shameful and a black mark on an otherwise exemplary career. 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. 7. Furthermore, the applicant’s post-service accomplishments have been noted as outlined on the application. However, in review of the applicant’s entire service record and the reason for the discharge, these accomplishments did not overcome the reason for discharge and characterization of service granted. 8. The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 3. The discharge packet confirms the separation authority approved the discharge by reason of misconduct, for wrongfully using marijuana. AR 635-5-1, (Separation Program Designator Codes) and Cross Reference Table shows a Soldier processed for misconduct (drug abuse), will be assigned a SPD Code of JKK and a RE code of 4. 9. In view of the foregoing and notwithstanding the propriety of the discharge, the analyst recommends the Board change block 27, RE code to 4, in accordance with Army regulations in effect at the time of discharge. 10. The records show the proper discharge and separation authority procedures were followed in this case. 11. Except for the foregoing modification to the applicant's RE code, the discharge was both proper and equitable and the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Personal Appearance Date: 9 February 2015 Location: Washington, DC Did the Applicant Testify: Yes Counsel: None Witnesses/Observers: Yes DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted the following additional documents: a. Academic transcripts b. Resume c. Invitation to Honor Society 2. The applicant presented no additional contentions. In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. Board Vote: Character Change: 2 No Change: 3 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: No Change Change Reason to: No Change Change RE Code to: 4 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) AR20140018775 Page 7 of 7 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1