AR20140000417

IN THE CASE OF: Mr.

BOARD DATE: 5 November 2014

CASE NUMBER: AR20140000417
___________________________________________________________________________

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 APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a change to his reentry code.

2. The applicant states, in effect, he was having mental breakdowns that led to his discharge. He loves the military and he still wants to work with the military as a civilian. He is a full-time student finishing his degree. He contends having an honorable discharge would allow him to have better employment opportunities, secure his place in the workforce, and allow him to serve again.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 27 December 2013
b. Discharge Received: General, Under Honorable Conditions
c. Date of Discharge: 21 November 2012
d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200,
Chapter 14-12c(2), JKK, RE-4
e. Unit of assignment: 3-159th, Attack Reconnaissance Battalion,
APO, AE (Germany)
f. Current Enlistment Date/Term: 7 April 2009/4 years
g. Current Enlistment Service: 3 years, 7 months, 15 days
h. Total Service: 6 years, 9 months, 6 days
i. Time Lost: None
j. Previous Discharges: DEP, 060207-060215, NA
RA, 060216-090406, HD
k. Highest Grade Achieved: E-4
l. Military Occupational Specialty: 92F10, Petroleum Supply Specialist
m. GT Score: 98
n. Education: HS Graduate
o. Overseas Service: Germany, SWA
p. Combat Service: Afghanistan (091114-101116)
Iraq (070509-080804)
q. Decorations/Awards: ARCOM-2, AAM, AGCM, NDSM, ACM-2CS,
ICM-AD, GWOTSM, ASR, OSR-3, NATO MDL
r. Administrative Separation Board: Yes
s. Performance Ratings: NA
t. Counseling Statements: NIF
u. Prior Board Review: No
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 16 February 2006, for a period of 4 years and
22 weeks. He was 21 years old at the time of entry and a high school graduate. He served in Iraq and Afghanistan and earned two ARCOMs and an AAM. He completed 6 years, 9 months, 6 days of active duty service. When his discharge proceedings were initiated, he was serving in Germany.

SEPARATION FACTS AND CIRCUMSTANCES:

1. On 25 September 2012, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c(2), misconduct, abuse of illegal drugs. Specifically for testing positive for marijuana on 20 March 2012.

2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge.

3. On 25 September 2012, the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board. The applicant 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 12 October 2012, the applicant was notified to appear before an administrative separation board.

5. On 21 October 2012, the unit commander again notified the applicant of the intent to separate him under the provisions of Chapter 14-12c(2), AR 635-200, for misconduct, abuse of illegal drugs. Specifically for testing positive for marijuana.

6. On 24 October 2012, the applicant the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon receiving a general, under honorable conditions discharge and be allowed to submit matters. The applicant elected to submit a statement on his own behalf. The record is void of a rebuttal statement by the applicant.

7. On 26 October 2012, the separation authority waived further rehabilitation efforts and directed the applicants discharge with a characterization of service of general, under honorable conditions.

8. The applicant was separated on 21 November 2012, 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.

9. The applicants record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. There are two positive urinalysis reports contained in the record:

IR, Inspection Random, 20 March 2012, marijuana
IR, Inspection Random, 6 September 2012, marijuana

2. A memorandum, dated 15 October 2012, notified the applicant of a positive urinalysis for THC on 6 September 2012 and this additional information would be considered by the administrative separation board.

3. CID Report of Investigation, dated 7 May 2012, reflects the applicant was the subject of an investigation for wrongful use of marijuana.

4. A MP Report, dated 8 May 2012, reflects the applicant was the subject of an investigation for wrongful use of marijuana, determined by urinalysis testing.

5. A SF 600, Rehabilitation Team Meeting (RTM), dated 10 May 2012, reflects the applicant was recommended and enrolled in Army Drug Abuse and Prevention Training (ADAPT).

6. A DA Form 3822 (Report of Mental Status Evaluation), dated 13 August 2012, reflects the applicant had no obvious impairments and could appreciate the difference between right and wrong. He had a negative screen for Post Traumatic Stress Disorder (PTSD) and mild Traumatic Brain Injury (mTBI). The applicant was enrolled in the Army Substance Abuse Program (ASAP) and completed a two day course.

7. A memorandum, dated 2 November 2012, reflects that on 24 October 2012, the applicant conditionally waived his right to an administrative separation board contingent upon receiving a general, under honorable conditions discharge and be allowed to submit matters. As a note, the record is void of a rebuttal statement from the applicant.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 9 December 2013, a DD Form 214, and chronological records of medical care reflecting a diagnosis of an adjustment disorder with anxiety.

POST-SERVICE ACTIVITY:

The applicant states he is a full-time student.

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 members 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 Soldiers 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 “JKK” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (drug abuse).

5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of “JKK” will be assigned an RE Code of 4.

DISCUSSION AND RECOMMENDATION:

1. The applicants request for an upgrade of the characterization of his discharge and a change to the reentry code was carefully considered. However, after examining the applicants 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 applicants 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 applicants record of service was marred by two positive urinalysis reports.

3. The applicant provided no independent corroborating evidence demonstrating that either the command’s action was erroneous or that the applicants service mitigated the misconduct or poor duty performance.

4. The applicant contends that he was having mental breakdowns that contributed to his discharge from the Army. However, the service record does not support the applicants contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication.

5. The applicant contends that an upgrade of his discharge will allow him to obtain better employment and rejoin the military to serve again. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist.

6. The records show the proper discharge and separation authority procedures were followed in this case.

7. 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: Records Review Date: 5 November 2014 Location: Washington, DC

Did the Applicant Testify, NA

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: N

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) AR20140000417

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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