AR20140001782

IN THE CASE OF: Mr.

BOARD DATE: 30 January 2015

CASE NUMBER: AR20140001782
___________________________________________________________________________

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 discharge to be both proper and equitable and voted to deny relief.

2. However, notwithstanding the propriety of the applicant’s discharge, the Board found that the applicant’s DD Form 214, blocks 25, 26, 27, and 28, contain erroneous entries.

3. The Board directed the following administrative corrections and reissue of the applicants DD Form 214, as approved by the separation authority:

a. block 25, separation authority, change to AR 635-200, paragraph 14-12c,
b. block 26, separation code, change to JKQ,
c. block 27, reentry code, change to 3, and
d. block 28, narrative reason for separation, change to Misconduct (Serious Offense).

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 upgrade the characterization of his service from general, under honorable conditions to fully honorable.

2. The applicant states in his self-authored statement, in pertinent part and in effect, an upgrade would allow him to receive this GI Bill benefits and enroll in an emergency medical technician certification program at a community college to better himself and his community. While serving, he was informed by his chain of command that he was an exceptional Soldier/team leader. He provides a description of his duties during OEF and accomplishments. He admits making a mistake of using marijuana upon his return from Afghanistan which is not a common occurrence and he has not used marijuana since. His unit commander wanted him to finish his enlistment; however, the commander had no choice with Fort Bragg being a no tolerance installation, he was discharged.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 22 January 2014
b. Discharge Received: General, Under Honorable Conditions
c. Date of Discharge: 5 March 2008
d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200, Paragraph
14-12c(2), JKK, RE-4
e. Unit of assignment: C Co, 37th Engineer Battalion (Combat) (Airborne),
Fort Bragg, NC
f. Current Enlistment Date/Term: 30 September 2004, 4 years
g. Current Enlistment Service: 3 years, 5 months, 6 days
h. Total Service: 3 years, 5 months, 6 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-4
l. Military Occupational Specialty: 21J1P, Construction Equipment Operator
m. GT Score: 98
n. Education: HS Graduate
o. Overseas Service: SWA
p. Combat Service: Afghanistan (060309-070311)
q. Decorations/Awards: NDSM; ACM; GWOTSM; ASR; OSR; NATO MDL
r. Administrative Separation Board: No
s. Performance Ratings: None
t. Counseling Statements: Yes
u. Prior Board Review: No

SUMMARY OF SERVICE:

The record shows the applicant enlisted in the Regular Army on 30 September 2004, for a period of 4 years. He was 19 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 21J1P, Construction Equipment Operator. He served in Afghanistan. His record documents no other acts of valor or significant achievement. He completed 3 years, 5 months, and 6 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The evidence contained in the applicants service record indicates on 15 January 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 testing positive for marijuana (071120).

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 17 January 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 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 11 February 2008, 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 from the Army on 5 March 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 applicants service record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. There is a positive blood test report for THC contained in the record that was collected on 20November 2007. The basis for the collection is not reflected.

2. Article 15, dated 10 January 2008, for wrongfully using marijuana (071120). The punishment consisted of reduction to the grade of E-1, forfeiture of $941 per month for two months, 45 days of extra duty and restriction, (FG).

3. A negative counseling statement, dated 29 November 2007, for wrongfully using and possessing controlled substances.

4. A General Officer Memorandum of Reprimand (GOMOR), dated 25 June 2005, for driving while intoxicated.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a self-authored statement and DD Form 214 for the period of service service under current review.

POST-SERVICE ACTIVITY:

The applicant states, in effect, he does not have any problems with the law and has been actively working.

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, paragraph 14-12c(2), 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 was carefully considered. However, after examining the applicants record of service, his military records, and the documents and 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 an Article 15 for violation of the Uniform Code of Military Justice and a GOMOR.

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 an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, eligibility for veteran’s benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Further, the Board does not grant relief solely for the purpose of obtaining veterans benefits.

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

6. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief.

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 discharge to be both proper and equitable and voted to deny relief.

2. However, notwithstanding the propriety of the applicant’s discharge, the Board found that the applicant’s DD Form 214, blocks 25, 26, 27, and 28, contain erroneous entries.

3. The Board directed the following administrative corrections and reissue of the applicants DD Form 214, as approved by the separation authority:

a. block 25, separation authority, change to AR 635-200, paragraph 14-12c,
b. block 26, separation code, change to JKQ,
c. block 27, reentry code, change to 3, and
d. block 28, narrative reason for separation, change to Misconduct (Serious Offense).

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 30 January 2015 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: Yes
Change Characterization to: No Change
Change Reason to: Misconduct (Serious Offense)
Change Authority for Separation: AR 635-200, Ch 14, Paragraph 14-12c
Change RE Code to: 3
Grade Restoration to: NA
Other: Separation Program Designator (SPD) code JKQ.

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) AR20140001782

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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