IN THE CASE OF: BOARD DATE: 20 November 2013 CASE NUMBER: AR20130010844 ___________________________________________________________________________ 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 APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of his discharge from general, under honorable conditions to honorable. 2. The applicant states, in effect, he was young and immature when he joined the Army. He states he was only 17 years old and he did dumb things by hanging out with the wrong people. He contends he wants to move on with his life and in order to do that he needs to further his education and he can’t use his Montgomery GI Bill. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 15 May 2013 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 9 March 2009 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, JKA, RE-3 e. Unit of assignment: HHB, 3-320th Field Artillery Regiment, Fort Campbell, KY f. Current Enlistment Date/Term: 9 August 2006/3 years, 22 weeks g. Current Enlistment Service: 2 years, 7 months h. Total Service: 2 years, 7 months i. Time Lost: 1 day j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 13B10, Cannon Crewmember m. GT Score: 92 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Iraq (070925-081108) q. Decorations/Awards: ARCOM, NDSM, ICM-CS, GWTSM, OSR CAB 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 9 August 2006 for a period of 3 years and 22 weeks. He was 18 years old at the time of entry and a high school graduate. He served in Iraq, and earned an ARCOM. He completed 2 years, and 7 months of active duty service. When discharge proceedings were initiated, he was serving at Fort Campbell, Kentucky. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 13 January 2009, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12b, by reason of pattern of misconduct. Specifically for: a. Stealing an X-Box 360, a value of less than $500.00. b. Stealing a large UNIV Body Armor OTV, a value of less than $500.00. c. Wrongful use of marijuana. 2. Based on the above pattern of misconduct, the commander recommended an general, under honorable conditions discharge. 3. On 15 January 2009, the applicant waived his right to consult with legal counsel and did not submit a statement in 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 an general, under honorable conditions discharge. 4. On 6 February 2009, the separation authority directed the applicant be discharged under the provisions of AR 635-200, Chapter 14-12b, with a characterization of service of general, under honorable conditions. 5. The applicant was separated on 9 March 2009, under Army Regulation 635-200, Chapter 14-12b, with a general, under honorable conditions discharge, an SPD code of JKA, and an RE code of 3. 6. The applicant's record shows he was absent without leave (AWOL) during the period of 10 April 2007 through 11 April 2007. The mode of return is unknown. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1 Article 15, dated 1 June 2007, for wrongful use of marijuana. The punishment consisted of reduction to the grade of E-1, forfeiture of $650 per month for two months, 45 days of extra duty and restriction to the limits set by the chain of command for 45 days (FG). 2. Article 15, dated 17 December 2007, for stealing a large UNIV Body Armor OTV and a M6 Helmet, Advanced COM, military property, of a value of $500 or less. The punishment consisted of forfeiture of $303 pay per month for 1 month (CG). 3. Article 15, dated 31 October 2008, for stealing an X-Box 360, of a value of $500 or less. The punishment consisted of reduction to the grade of E-2, forfeiture of $352 pay per month for 1 month, and 9 days of extra duty (CG). 4. One negative counseling statement dated 2 October 2008, for stealing an MWR X-Box 360 and replacing it with his own X-Box 360. 5. MEDCOM Form 4038, dated 19 October 2008, reflecting the applicant was diagnosed with an adjustment disorder with disturbance of conduct and adult antisocial behavior. 6. DD Form 214 (Certificate of Release or Discharge from Active Duty) reflecting the date the applicant entered active duty, block 12a, as 12 May 2006. 7. DD Form 4/1-3 (Enlistment/Reenlistment Document Armed Forces of the United States), reflects an enlistment date of 12 May 2006 and a date of 9 May 2006 releasing the applicant from the delayed entry program. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) dated 30 March 2013, a response letter dated 9 May 2013, to Senator M, a letter from Senator M dated 3 April 2013, and a privacy act release form dated 29 February 2012. POST-SERVICE ACTIVITY: The applicant did not provide any with his 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 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 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 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 pattern of misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge. The applicant’s record of service was marred by 3 Articles 15 for multiple violations of the Uniform Code of Military Justice and a negative counseling statement. 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 he was only 17 years old and immature when he joined the military and hung out with the wrong people. He contends he needs to move on with his life and in order to do that he needs to further his education. He states he cannot do this without the use of his Montgomery GI Bill. However, 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. Furthermore, 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. 5. The records show the proper discharge and separation authority procedures were followed in this case. 6. As a note, the applicant’s DD Form 214 indicates in block 12a the applicant entered on active duty this period as 12 May 2006, however, the applicant’s DD Form 4/1-3 indicates that the applicant was released from the delayed entry program and was brought onto active duty as of 9 August 2006. 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: 20 November 2013 Location: Washington, DC Did the Applicant Testify? No Counsel: None 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: 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) AR20130010844 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1