IN THE CASE OF:	  

		BOARD DATE:	  15 July 2014

		DOCKET NUMBER:  AR20130020741 


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 to a fully honorable discharge. 

2.  The applicant states he never had an Article 15 or corrective action taken against him.  He was late to work one day because he went to jail for a ticket he received before he joined and this was used against him.  He believes if he was given corrective action he could have resolved the situation and the outcome would have been different.  He was a good Soldier. 

3.  The applicant does not provide any evidence. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army on 20 January 2009 and he held military occupational specialty 92C (Utilities Equipment Specialist).

2.  He was assigned to the 4th Battalion, 4th Aviation Regiment, 4th Combat Aviation Brigade, Fort Hood, TX.  He was awarded or authorized the National Defense Service Medal and the Army Service Ribbon.

3.  On 18 September 2009, his commander initiated an inquiry into allegations of the applicant's non-support, failure to enroll a child in the Defense Enrollment Eligibility Reporting System, and failure to have a dependent identification card.  He was counseled and provided with a corrective plan of action. 
4.  On 28 November 2009, he was arrested by civilian authorities in Gainesville, TX for failing to have a driver license, failing to have financial responsibility, running a red light, and failing to appear in court. 

5.  He was frequently counseled by members of his chain of command for various infractions, including: 

* failing to be at his appointed place of duty
* failing to provide support to his son
* failing to report
* missing movement
* indebtedness
* failing to obey orders and regulations

6.  On 23 February 2010, the applicant's immediate commander notified him of his intent to initiate separation action against him in accordance with Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12b, for misconduct, a pattern of misconduct.  He cited the applicant's having 4 warrants for arrest against him, failing to provide financial support, and failing to report on numerous occasions.  He recommended a general discharge under honorable conditions.

7.  On 23 February 2010, the applicant acknowledged receipt of the commander's intent to separate him.  He subsequently consulted with legal counsel and he was advised of the basis for the contemplated separation action for misconduct, the type of discharge he could receive, the possible effects of this discharge, and the procedures and rights available to him.  He did not qualify for consideration of his case by an administrative separation board or personal appearance before such a board.  He further indicated he understood he could expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions were issued to him and he could be ineligible for many or all benefits as a veteran under Federal and State laws as a result of the issuance of a discharge under other than honorable conditions.

8.  Subsequent to this acknowledgement, on 26 February 2010, his immediate commander initiated separation action against him under the provisions of paragraph 14-12b of Army Regulation 635-200.  His intermediate commander recommended approval of the discharge action. 

9.  On 2 March 2010, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of misconduct - pattern of misconduct of a serious offense and directed his service be characterized as general under honorable conditions.  Accordingly, the applicant was discharged on 15 March 2010, 

10.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) confirms he was discharged by reason of misconduct - pattern of misconduct in pay grade E-2 on 15 March 2010 under the provisions of paragraph 14-12b of Army Regulation 635-200 with a character of service of under honorable conditions (general).  This form shows he completed 1 year, 1 month, and 26 days of creditable active service.

11.  On 24 February 2011, the Army Discharge Review Board (ADRB) reviewed his discharge but found it proper and equitable.  Accordingly, the ADRB denied his petition for an upgrade of his discharge.

12.   Army Regulation 635-200 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 included minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate for a Soldier discharged for patterns of misconduct.

	b.  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.

	c.  Paragraph 3-7b provides that a general discharge 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 honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant displayed a pattern of misconduct as evidenced by his multiple arrest warrants, failure to provide financial support to his family member, and extensive history of negative counseling.  Accordingly, his chain of command initiated separation action against him.

2.  The evidence of record further shows the applicant's discharge was appropriate because the quality of his service was not consistent with Army standards of acceptable personal conduct and performance of duty by military personnel.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

3. The applicant's narrative reason for separation was assigned based on the fact he was separated under the provisions of chapter 14 of Army Regulation 635-200 for misconduct.    The underlying reason for his discharge was his misconduct.  The only valid narrative reason for separation permitted under that paragraph is "misconduct" which is correctly shown on his DD Form 214.

4.  Based on his record of indiscipline, his service for the period under review clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, there is no basis or granting the applicant an honorable 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)                                         AR20130020741





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130020741



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1