IN THE CASE OF:	  

		BOARD DATE:	  19 June 2012

		DOCKET NUMBER:  AR20120000396 


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 an upgrade of his general discharge to honorable and amendment of his reentry eligibility (RE) code.

2.  The applicant states, in effect, that he was unjustly discharged from the service for commission of a serious offense.  He states that while he did deserve to be punished for his offense, a discharge was too harsh.  He would have preferred to be reduced in grade and reprimanded.  He further states he had just returned from a deployment to Afghanistan and was suffering from post-traumatic stress disorder (PTSD) and was inappropriately medicating himself with alcohol.  He states he was convicted of driving under the influence (DUI) of alcohol and was attending the Army Substance Abuse Program (ASAP) when he was processed for discharge.  He also states he was hospitalized at the time of his discharge because he was under so much stress and fear of being discharged and he was not afforded due process because he could not affect the discharge proceedings.

3.  The applicant provides a two-page statement explaining his application and a  copy of his discharge proceedings.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records, though somewhat incomplete, show he enlisted in the Regular Army on 11 July 2006 for a period of 5 years.  He completed training and was assigned to the 1st Battalion, 6th Field Artillery Regiment, at Fort Hood, Texas.  Although the specifics are not contained in the available records, it appears that the applicant had an alcohol-related incident at Fort Hood in 2007.

2.  He deployed with his unit to Afghanistan on 30 June 2008 and was advanced to pay grade E-4 on 11 July 2008.  He served in Afghanistan until 12 June 2009 when he returned to Fort Hood and then was transferred to Fort Knox, Kentucky, with his unit.   The applicant was referred to the ASAP on 19 January 2010.

3.  On 28 January 2010, he was convicted by civil authorities of DUI of alcohol.  The applicant was a designated driver for members of his unit on the night he was arrested for DUI.

4.  On 2 March 2010, the applicant's commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10, for misconduct – commission of a serious offense.  He cited the applicant's DUI conviction in January 2010 and that it was his second alcohol-related incident in 2 years as the basis for his recommendation.

5.  After consulting with defense counsel, the applicant waived all of his rights and elected not to submit a statement in his own behalf.

6.  The appropriate authority approved the recommendation for discharge and directed his discharge under honorable conditions effective 1 April 2010.  However, for reasons not explained in the available records, his discharge was delayed until 6 April 2010.

7.  On 6 April 2010, he was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct (serious offense).  He completed 3 years, 8 months, and 26 days of active service and was issued a separation program designator (SPD) code of JKQ and an RE code of 3.

8.  On 25 May 2010, he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge contending that his misconduct was caused by PTSD.  After reviewing the facts and circumstances of his case, the ADRB determined that his discharge was both proper and equitable and voted to deny his request for an upgrade of his discharge on 11 August 2010.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and procedures for separating 


personnel for misconduct.  Specific categories include minor infractions, a pattern of misconduct, involvement in frequent incidents of a discreditable nature with civil and military authorities, and commission of a serious offense, which includes drug offenses.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.  

10.  Paragraph 3-7a of Army Regulation 635-200 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.

11.  Pertinent Army regulations provide that individuals will be assigned RE codes prior to discharge or release from active duty based on their service records or the reason for discharge.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment processing in the Regular Army, U.S. Army Reserve, and Army National Guard.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.

	a.  RE-1 applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable.  They are ineligible for enlistment unless a waiver is granted.  A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office.

12.  The SPD/RE Code Cross Reference Table states that when the SPD code is JKQ, then RE code 3 will be assigned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  Accordingly, the characterization and the narrative reason for separation were appropriate for the circumstances of his case.

3.   The applicant's contentions have been noted; however, they are not sufficiently mitigating when compared to the repeated nature of his offenses and the fact that he offered no mitigating circumstances at the time.  His first alcohol-related offense occurred prior to his deployment and he provided no evidence to support his contention that his misconduct was caused by PTSD.

4.  The applicant's overall service simply did not rise to the level of fully honorable and he was issued the proper RE code for his separation.

5.  Accordingly, there appears to be no basis to grant his request for an upgrade of his discharge and a change to his RE code.

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 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)                                         AR20120000396



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120000396



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1