IN THE CASE OF:
BOARD DATE: 12 March 2009
DOCKET NUMBER: AR20080017060
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his General Discharge (GD) be upgraded to an Honorable Discharge (HD).
2. The applicant states he was a good Soldier who made a mistake while serving his country in Afghanistan; he consumed alcohol and was administratively discharged. He adds, in effect, he was under great stress because he lost friends in Afghanistan and his wife was cheating on him back home. He concludes he is being treated for post-traumatic stress disorder (PTSD) as a result of his experiences in Afghanistan.
3. The applicant provides a Standard Form (SF) 180 (Request Pertaining to Military Records) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army for 4 years and 16 weeks and entered active duty on 5 February 2004. He was trained in military occupational specialty (MOS) 13F (Fire Support Specialist). He served in Afghanistan from 12 February 2006 through 20 April 2007.
2. On 26 December 2006, while serving in Afghanistan, the applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for disobeying a lawful order from a noncommissioned officer (NCO), assaulting
an NCO, and wrongfully and intentionally inhaling pressurized gases to induce euphoria. As punishment, he received a reduction from specialist (SPC)/E-4 to private (PV1)/E-1, forfeiture of $686.00 pay per month for 2 months, and 45 days of extra duty.
3. Following his misconduct, the applicant was notified by his commander that administrative separation action was being initiated against him under the provisions of chapter 14, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), for misconduct. He was advised of his rights, and he consulted with legal counsel who informed him of the impact of an administrative separation under chapter 14, Army Regulation 635-200. The applicant acknowledged notification and elected not to submit a statement in his own behalf.
4. On 15 May 2007, the separation authority waived rehabilitation and directed the applicant be discharged with a GD and not be transferred to the Individual Ready Reserve.
5. On 30 May 2007, the applicant was separated with a GD. He had 3 years, 3 months, and 26 days of creditable active Federal service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded the Army Commendation Medal, National Defense Service Medal, Afghanistan Campaign Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, NATO Medal, Combat Action Badge, and the Expert Infantryman Badge. He was discharged by reason of misconduct (serious offense).
6. The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade. The ADRB, after considering his case on 22 August 2008, denied his request.
7. 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, commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence 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 a discharge under other than honorable conditions is normally considered appropriate, but a GD under honorable conditions or an HD may be granted.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his discharge should be upgraded from a GD to an HD.
2. The evidence of record shows the applicant committed serious misconduct, including disobedience, assault on an NCO, and abuse of substances. He was given NJP under the UCMJ.
3. The evidence of record shows that the applicants administrative discharge was appropriate based on his acts of misconduct. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
4. In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. Based on his record of indiscipline, the applicant's service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel. Therefore, the applicant is not entitled to an HD.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
XXX
______________________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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