IN THE CASE OF:	  

		BOARD DATE:	7 November 2013

		DOCKET NUMBER:  AR20130005304


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 under honorable conditions (general) discharge.

2.  The applicant states he would like to rejoin the Army so he can better serve his country and community.  He states he is a better person today than before and he has learned from his past mistakes.  

3.  The applicant provides no further evidence in support of his request.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 14 September 2005.  He completed training and was awarded military occupational specialty 25B (Information Technology Specialist).  The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4.

2.  His record shows he received developmental counseling on numerous occasions between January 2009 and September 2009, for instances of misconduct, including leaving his place of duty without being properly relieved, failure to report, failure to follow a direct order, failure to repair, and failure to perform corrective training.  

3.  His record shows he received nonjudicial punishment (NJP), under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), on the following occasions:
* on 27 February 2008, for failing to go, at the time prescribed, to his appointed place of duty, on or about 13 February 2008
* on 23 June 2008, for failing to obey a lawful general regulation, on or about 14 June 2008
* on 29 April 2009, for:

* failing to go, at the time prescribed, to his appointed place of duty, on or about 4 March 2009, 26 March 2009, and 30 March 2009
* willfully disobeying the direct order of a senior noncommissioned officer, on or about 31 March 2009, 4 April 2009, and 5 April 2009 

4.  On 16 September 2009, he was notified of his immediate commander's intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14, for misconduct – pattern of misconduct.  On this same date, the applicant acknowledged receipt of the notification memorandum.

5.  On 22 September 2009, after consultation with counsel, he acknowledged he had been advised of the basis for the contemplated action to separate him under the provisions of Army Regulation 635-200, chapter 14, and its effect; of the rights available to him; and of the effect of any action taken by him to waive his rights.  He declined to submit statements in his own behalf.

6.  His immediate commander recommended his separation under the provisions of Army Regulation 635-200, chapter 14, for a pattern of misconduct.  He made no recommendation vis-à-vis a proposed characterization of service. 

7.  On 16 October 2009, the separation authority approved his discharge due to misconduct and directed that he be issued an under honorable conditions (general) discharge.

8.  On 6 November 2009, he was discharged accordingly.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was credited with the completion of 4 years, 1 month, and 23 days of net active service.  His DD Form 214 further shows:

* he was discharged under the provisions of Army Regulation 635-200, chapter 14, by reason of a pattern of misconduct
* he received an under honorable conditions (general) discharge

9.  On 9 March 2012, the Army Discharge Review Board denied his request for an upgrade of his discharge.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  

   a. 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.

   b. 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of his under honorable conditions (general) discharge was carefully considered; however, there is insufficient evidence to support this request.

2.  His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.  The evidence of record shows he consulted with counsel and was advised of the basis for the separation action.

3.  Based on his record of indiscipline, including multiple instances of misconduct and NJP, 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 view of the foregoing, there is no basis for granting his 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.

ABCMR Record of Proceedings (cont)                                         AR20100022260



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ABCMR Record of Proceedings (cont)                                         AR20130005304



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