BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120003835
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 be upgraded to honorable.
2. The applicant states since his discharge he has been attending college and currently holds a certificate and an associate degree in general studies. He is working towards a degree in professional aviation. He is asking not only for forgiveness for the actions he committed but also for help in accomplishing his future goals. He failed himself and his country by getting kicked out of the military and there are no words to describe how he feels. He further states the GI Bill is "detrimental" to him in accomplishing something significant in his life. He served in Iraq twice and prays that everyone at this Board believes in second chances.
3. The applicant provides a Certificate of General Studies and an Associate of General Studies Diploma.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 23 January 2003 and he was awarded military occupational specialty 15S (OH-58D Helicopter Repairer).
2. On 23 December 2006, he was counseled for being cited by civilian authorities for driving under the influence of alcohol.
3. He accepted nonjudicial punishment on or around 1 August 2007 for violating a lawful general order by wrongfully purchasing, possessing, and consuming alcohol while in Iraq.
4. On 16 August 2007, he was notified by his unit commander that separation action was being initiated against him under the provisions of paragraph 14-12c, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), commission of a serious offense, with a general discharge. The commander stated that the specific reason for the proposed separation action was that while deployed in a combat environment the applicant violated a lawful general order by wrongfully purchasing, possessing, and consuming alcohol.
5. The applicant consulted with legal counsel and acknowledged receipt of the proposed separation action. He acknowledged he had been advised of the basis for the contemplated separation action, the effects of such a separation, the rights available to him, and the effect of any action taken by him in waiving his rights.
6. On 24 August 2007, the applicant's unit commander recommended that the applicant be discharged under the provisions paragraph 14-12c, Army Regulation 635-200, for misconduct-commission of a serious offense, with a general discharge. On the same date a representative from The Office of the Staff Judge Advocate reviewed the separation action and found it legally sufficient.
7. On 29 August 2007, the proper authority approved the separation action and directed the issuance of a general discharge. On 18 October 2007, he was discharged accordingly.
8. On 2 July 2009, the Army Discharge Review Board denied his request for an upgrade of his discharge.
9. He provided a Certificate of General Studies and an Associate of General Studies Diploma that confirm his contention that he has been attending college after his separation from the Army.
10. 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 the commission of a serious offense. 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.
11. 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's request for an upgrade of his general discharge has been carefully considered. He implied that the GI Bill is essential to him in accomplishing something significant in his life; however, the Army Board for Correction of Military Records does not upgrade discharges solely for the purpose of enabling an individual to qualify for veterans' education benefits.
2. The evidence of record confirms his separation processing was accomplished in compliance with applicable regulations. All requirements of law and regulation were met and his rights were fully protected throughout the separation process.
3. His disciplinary history includes driving under the influence of alcohol and nonjudicial punishment for violating a lawful general order by wrongfully purchasing, possessing, and consuming alcohol while in a combat environment. This record of misconduct clearly diminished the overall quality of his service below that meriting a fully honorable discharge. As a result, his discharge accurately reflects the overall quality of his service and there is an insufficient evidentiary basis to support granting the requested relief.
4. Normally, misconduct such as the applicant's would result in the issuance of an under other than honorable conditions discharge. However, it appears his chain of command found his service prior to serving in Iraq to be sufficiently mitigating to warrant the issuance of a general discharge.
5. Based on the foregoing, there is no basis for granting the requested relief.
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.
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