IN THE CASE OF:
BOARD DATE: 22 December 2009
DOCKET NUMBER: AR20090012258
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 discharge be upgraded to honorable.
2. The applicant states he has changed since the time of his discharge. He continues that he is a responsible adult with a wife and two children. He is requesting an upgrade to his discharge to further his education so he can better support his family. He concludes that he understands he made mistakes during his service but has matured since his separation from the Army.
3. The applicant provides no additional documentary evidence in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 18 April 2001 and upon completion of initial entry training was awarded military occupational specialty 15U (Chinook Helicopter Repairer).
2. Between 5 August 2002 and 13 November 2002, the applicant was counseled six times for failing to go to his appointed place of duty.
3. On 11 December 2002, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for failing to go at the time prescribed to his appointed place of duty on 12 November 2002.
4. On 26 October 2003, while in Iraq, the applicant accepted NJP under the provisions of Article 15, UCMJ, for violating a lawful general order by wrongfully consuming alcoholic beverages on 15 October 2003.
5. On 23 June 2004, the applicant accepted NJP under the provisions of Article 15, UCMJ, for violating a Federal law by consuming alcohol while under the legal drinking age and for making a false official statement on 9 June 2004.
6. On 29 March 2004, the applicant was counseled for failing to be in the right uniform on the day of an inspection.
7. On 10 June 2004, the applicant was counseled for contributing to the delinquency of a minor by giving beer to a minor.
8. On 8 July 2004, the applicant was notified of his pending separation action under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12b, for a pattern of misconduct. The applicant's unit commander based his recommendation for separation on offenses punishable under the UCMJ on 12 November 2002, 15 October 2003, and 10 June 2004. The applicant acknowledged the contemplated action on 8 July 2004. He did not submit a statement in his own behalf.
9. On 13 October 2004, the appropriate authority approved the separation action and directed the applicant receive a general under honorable conditions discharge.
10. On 21 October 2004, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12b, for misconduct (pattern of misconduct) with a general under honorable conditions characterization of service.
11. The Army Discharge Review Board denied the applicant's request for an upgrade of his discharge on 20 May 2009.
12. 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, and convictions by civil authorities. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record. Only a general court-martial convening authority may approve an honorable discharge or delegate approval authority for an honorable discharge under this provision of the regulation.
13. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for a discharge upgrade to honorable has been carefully reviewed and found to be without merit.
2. The Army Board for Correction of Military Records does not grant requests for upgrade of discharges solely for the purpose of making and individual eligible for education benefits.
3. The applicant's record of indiscipline includes several counseling statements and punishment under Article 15, UCMJ, on three occasions. Based on this record of indiscipline, his service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel. Therefore, he is not entitled to an honorable discharge.
4. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board 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.
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.
_____________x____________
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.
ABCMR Record of Proceedings (cont) AR20090012258
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090012258
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100021605
The applicant requests upgrade of his general discharge to an honorable discharge. He also acknowledged he understood that as a result of the issuance of a discharge under other than honorable conditions, he could be ineligible for many or all benefits as a veteran under both Federal and State laws. On 30 January 1992, the applicants immediate commander initiated separation action against him in accordance with Army Regulation 635-200, paragraph 14-12b for a misconduct - pattern of...
ARMY | BCMR | CY2013 | 20130016651
On 21 July 2007: a. he was notified by his unit commander that separation action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) chapter 14-12b, due to patterns of misconduct. The evidence of record shows he received two field grade Article 15's for offenses under the Uniform Code of Military Justice and was separated with an under other than honorable discharge for a pattern of misconduct for drinking and sexual...
ARMY | BCMR | CY2012 | 20120000318
On 13 February 2002, the applicant's immediate commander notified him of his intent to initiate separation action against him in accordance with Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 14-12b, by reason of misconduct pattern of misconduct. On 27 February 2002, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, chapter 14, by reason of misconduct pattern of misconduct and directed his...
ARMY | BCMR | CY2014 | 20140018121
On 17 December 2005, the separation authority approved the applicants discharge under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of misconduct pattern of misconduct with an under honorable conditions (general) characterization of service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct (pattern of misconduct) with an under...
ARMY | BCMR | CY2010 | 20100016177
On 10 July 2002, the applicant's commander notified the applicant that he was initiating action to discharge him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12b, for a pattern of misconduct. d. The applicant acknowledged he understood that if he received a discharge certificate/character of service which was less than honorable he could make application to the Army Discharge Review Board (ADRB) or this Board for an upgrade of...
ARMY | BCMR | CY2010 | 20100016538
The applicant requests upgrade of his under other than honorable conditions discharge to an honorable discharge and change of the narrative reason for separation from "misconduct - pattern of misconduct" to "released from active duty" on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 August 1989. On 11 August 1989, the applicant's commander initiated elimination action on him under the provisions of Army Regulation 635-200 (Personnel...
ARMY | BCMR | CY2009 | AR20090001076
The applicant requests, in effect, that his 1986 discharge under honorable conditions (general) be upgraded to a fully honorable discharge. On 18 November 1985 the applicant was notified by his unit commander that he (the unit commander) was initiating actions to separate the applicant from active duty under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Separations), chapter 14, for a pattern of misconduct. Based on this record of indiscipline, the applicant's...
ARMY | BCMR | CY2011 | 20110002595
The applicant requests upgrade of his general discharge to an honorable discharge. On 2 July 1985, he was advised by his unit commander that he was initiating action to discharge him from the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12b based on his acts of misconduct and that he could receive an under other than honorable conditions discharge. He acknowledged he understood that if he received a character of service of...
ARMY | DRB | CY2013 | AR20130001156
The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. On 22 October 2004, the separation authority directed the applicants discharge with a characterization of service of general, under honorable conditions. A characterization of under honorable conditions may be issued only when the reason for the Soldiers separation specifically allows such characterization.
ARMY | BCMR | CY2014 | 20140003741
On 28 August 1998, he accepted NJP under the provisions of Article 15 of the UCMJ for unlawfully breaking and entering into the house of JC, on 12 April 1998, with the intent to commit larceny and wrongfully appropriating a television and stereo system, the property of JC, valued at more than $100.00. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he received a general under honorable conditions discharge by reason of "misconduct." Records show he was almost...