IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130016076
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 an honorable discharge.
2. The applicant states he deserves an honorable discharge because he fought for his country in Operation Iraqi Freedom.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant's Army Military Human Resource Record (AMHRR) is not available. Information contained in this ABCMR Record of Proceedings was obtained from the Army Discharge Review Board (ADRB) Case Report and Directive.
2. He enlisted in the Regular Army on 10 February 2006. He completed training as a petroleum supply specialist.
3. On 21 August 2007, the applicant accepted nonjudicial punishment (NJP) for wrongfully consuming alcohol through neglect and for missing movement.
4. He accepted NJP on 22 May 2008 for being absent without leave (AWOL) from 8 May 2008 until 12 May 2008 and for disobeying a lawful order from his superior commissioned officer on 8 May 2008.
5. On 29 July 2008, the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200 (Personnel Separation), chapter 14-12b, due to a pattern of misconduct. He acknowledged receipt of the notification and after consulting with counsel, he elected not to submit a statement in his own behalf.
6. The appropriate authority approved the recommendation for discharge on 8 August 2008 and directed the issuance of a discharge under honorable condition (general).
7. On 26 August 2008, the applicant was discharged, under honorable conditions, under the provisions of Army Regulation 635-200, chapter 14-12b, due to pattern of misconduct. He completed 2 years, 6 months, and 26 days of net active service this period.
8. On 4 February 2011, the ADRB denied the applicant's request for an upgrade of his discharge.
9. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.
a. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions (a pattern of misconduct consisting solely of minor military disciplinary infractions), a pattern of misconduct (consisting of discreditable involvement with civil or military authorities or conduct prejudicial to good order and discipline), 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 Soldiers overall record.
b. Paragraph 3-7a states 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 contentions have been noted.
2. Although a discharge under other than honorable conditions was normally considered appropriate for the authority and reason for his discharge, it appears the separation authority considered his overall record of service and determined that his warranted a general discharge.
3. The applicant is commended for his service in Iraq. However, it is not sufficiently mitigating to warrant an upgrade of his discharge.
4. In view of the foregoing, the applicant's request should be denied.
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) AR20130016076
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