IN THE CASE OF: Mr. BOARD DATE: 5 June 2013 CASE NUMBER: AR20130001589 ___________________________________________________________________________ Board Determination and Directed Action 1. After carefully examining the applicant’s record of service during the period of enlistment under review and the Discussion and Recommendation that follows, the Board determined that the characterization of service was both proper and equitable and voted to deny relief. 2. Further, the Board voted to change the applicant’s reason for discharge, authority, and separation code, on the basis of equity as it had been approved by the separation authority. The Board directed the DD Form 214 be reissued with the following changes: a. block 25, separation authority changed to AR 635-200, paragraph 14-12a b. block 26, separation code changed to JKN c. block 28, narrative reason for separation changed to Misconduct (Minor Disciplinary Infractions) 3. Except for the foregoing modifications, the Board determined the discharge was both proper and equitable. 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 general, under honorable conditions discharge to honorable. 2. The applicant states, in effect, that he is requesting an upgrade to his discharge to help further his career in law enforcement. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 22 January 2013 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 6 June 2012 d. Reason/Authority/SPD/RE Code: Misconduct, (Serious Offense), AR 635-200, Chapter 14-12c, JKQ, RE-3 e. Unit of assignment: 2d Battalion, 16th Infantry Regiment (Rear) (Provisional), 4th Infantry Brigade Combat Team (Rear) (Provisional), 2d Heavy Brigade Combat Team, 1st Infantry Division, Fort Riley, KS f. Current Enlistment Date/Term: 26 April 2011, 3 years, and 16 weeks g. Current Enlistment Service: 1 year, 1 month, 11 days h. Total Service: 1 year, 1 month, 11 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: 98 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, 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 26 April 2011 for a period of 3 years and 16 weeks. He was 22 years old at the time of entry; a high school graduate, and completed 1 year, 1 month, and 11 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 30 May 2012, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14, Section III, Paragraph 14-12c, Commission of a Serious Offense. Specifically for; destroying government property by tearing down ceiling tiles in the barracks between (120302-120303). 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 1 June 2012, 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. On 4 June 2012, the separation authority approved and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was separated on 6 June 2012, under Army Regulation 635-200, Chapter 14-12c, with a general, under honorable conditions discharge, an SPD code of JKQ, and an RE code of 3. 6. The applicant’s record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: A negative counseling statement dated 15 March 2012, for destruction of government property. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293 and a DD Form 214. POST-SERVICE ACTIVITY: None were provided by the applicant. 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, 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 that 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. By the misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge. 3. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. 4. The applicant contends an upgrade to his discharge would help further his career in law enforcement. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 5 June 2013 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 2 No Change: 3 Reason Change: 5 No Change: 0 (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 (Minor Disciplinary Infractions) Change Authority for Separation: Chapter 14-12a Change RE Code to: NA Grade Restoration to: NA Other: Change Separation Program Designator (SPD) to JKN 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) AR20130001589 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1