AR20140001374

IN THE CASE OF:

BOARD DATE: 19 May 2014

CASE NUMBER: AR20140001374
___________________________________________________________________________

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 to change the narrative reason for separation.

2. The applicant states, in effect, that the narrative reason for his separation is impeding his progress as a civilian to find a good position with a reputable company and from the possibility of reenlisting. His request only pertains to the reasoning and not an upgrade because he did fail the urinalysis due to the use of marijuana. There was no valid excuse for him using marijuana and he can only provide the details surrounding the incident and leave the judgment to the board. He used marijuana a total of three times during the last months of his service.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 15 January 2014
b. Discharge Received: General, Under Honorable Conditions
c. Date of Discharge: 28 September 2011
d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200, 14-12c
JKQ, RE-3
e. Unit of assignment: G Co, 307th BSB, Fort Bragg, NC
f. Enlistment Date/Term: 19 August 2008, 4 years, 25 weeks
g. Current Enlistment Service: 3 years, 1 month, 5 days
h. Total Service: 3 years, 1 month, 5 days
i. Time Lost: AWOL 5 days (110902-110906)
j. Previous Discharges: None
k. Highest Grade Achieved: E-4
l. Military Occupational Specialty: 92G10, Food Service Operations Specialist
m. GT Score: 114
n. Education: Associates Degree
o. Overseas Service: SWA
p. Combat Service: Iraq (090824-100730)
q. Decorations/Awards: ARCOM, AAM, MUC, ICM-CS, 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 19 August 2008, for a period 4 years
25 weeks. He was 26 years old at the time with an associates degree. When his discharge proceedings were initiated he was serving at Fort Bragg, NC. He served one combat tour in Iraq. His record reflects he was awarded an ARCOM and an AAM.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The record shows that on 29 August 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconductcommission of a serious offense, specifically for wrongfully using marijuana, on or about 21 June 2011 and 20 July 2011.

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 30 August 2011, the applicant acknowledged that he was given the opportunity to confer 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. On 1 September 2011, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions.

5. The applicant was discharged on 28 September 2011, for misconduct (serious offense), under the provisions of Chapter 14-12c, with an SPD code of JKQ and an RE code of 3.

6. The applicant’s record shows he was AWOL during the period of 2 September 2011 through 6 September 2011. He surrendered to military control.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. There are two positive urinalysis reports contained in the record:
IU, Inspection Unit, 21 June 2011, marijuana
IR, Inspection Random, 20 July 2011, marijuana

2. Article 15, dated 22 July 2011, for wrongful use of marijuana between (110522 and 110621). The punishment consisted of reduction to the grade of E-2, forfeiture of $822.00 pay per month for two months; extra duty for 45 days (FG).

3. Article 15, dated 11 August 2011, for wrongful use of marijuana between (110620 and 110720). The punishment consisted of a reduction to the grade of E-1, forfeiture of $733.00 pay, extra duty and restriction for 45 days (FG).

4. One negative counseling statement dated 9 September 2011, for chapter 14 discharge notification.

5. Two Personnel Action duty status changes reflecting the following duty status changes:

-Present for duty (PDY) to AWOL effective, 6 September 2011.
-AWOL to PDY, effective 7 September 2011.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application, dated 12 January 2014; a DD Form 214; and a copy of the discharge packet.

POST-SERVICE ACTIVITY:

None 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 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 “JKQ” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense).

5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of “JKQ” will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1. The applicants request for a change to the narrative reason for separation of his discharge 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 a change to the narrative reason for separation.

2. The record confirms that 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. By the Serious Misconduct, the applicant diminished the quality his service below that meriting a general or a fully honorable discharge. The applicants record of service was marred by two Article 15s for multiple 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 applicants service mitigated the misconduct or poor duty performance.

4. The applicant has expressed his desire to rejoin the service and to have better job opportunities. 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 3. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.

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

6. Therefore, the narrative reason for separation being both proper and equitable, recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 19 May 2014 Location: Washington, DC

Did the Applicant Testify, No

Counsel: None

Board Vote:
Character Change: NA No Change: NA
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: 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) AR20140001374

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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