IN THE CASE OF:
BOARD DATE: 10 July 2012
DOCKET NUMBER: AR20110023617
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, in effect, a discharge upgrade.
2. The applicant states:
* he never engaged in sexual acts with a minor
* he was never arrested, charged with, or convicted of sexual acts with a minor
3. The applicant provides no additional documentation.
CONSIDERATION OF EVIDENCE:
1. With prior Regular Army (RA) and Reserve service, the applicant enlisted in the RA for 4 years on 26 February 2008. He was trained in and awarded military occupational specialty (MOS) 21W (Carpentry/Masonry Specialist).
2. The applicant's record shows three periods of absence without leave (AWOL) totaling 36 days, one nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for failure to report on two occasions, and one summary court-martial (SCM) conviction for:
* 11 specifications of failure to report
* disobeying a lawful order from a noncommissioned officer (NCO)
* disorderly conduct
3. In June 2010, the applicant's commander initiated action to discharge him under the provisions of Army Regulation 635-200, paragraph 14-12c(1), for misconduct. The commander recommended an under other than honorable conditions (UOTHC) discharge.
4. The administrative discharge was approved and the applicant was discharged UOTHC on 8 July 2010.
5. The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade and a change in his narrative reason for discharge. The ADRB, after considering his case on 31 August 2011, denied his request.
6. Army Regulation 635-200 (Personnel Separations) 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 UOTHC discharge is normally appropriate for a Soldier discharged under this chapter.
7. Army Regulation 635-200 provides guidance on characterization of service and states, in pertinent part:
a. Paragraph 3-7a states that an Honorable Discharge (HD) 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 (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.
b. Paragraph 3-7b states that a General Discharge (GD) 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 HD.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for a discharge upgrade was carefully considered and should be denied.
2. The applicant exhibited repeated acts of misconduct culminating in his conviction by a SCM. Based on his poor disciplinary record, his discharge for misconduct under the provisions of chapter 14, Army Regulation 635-200 was appropriate.
3. The applicant's service did not measure up to that required for an honorable or general discharge.
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) AR20110023617
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RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110023617
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