IN THE CASE OF:  	  

		BOARD DATE:  9 December 2014	  

		DOCKET NUMBER:  AR20140006814 


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 his general under honorable conditions discharge be upgraded to an honorable discharge and that his narrative reason for separation be changed.  

2.  He states:

	a.  he gained invaluable experiences and skills that he continuously applies toward his daily civilian life during the time he served in the military.

	b.  he was in a state of crisis, experiencing a multitude of problematic situations due to now resolved family issues, and experiencing stress from the high expectation of the Army at the time of discharge,

	c.  he was unequipped with the tools and maturity needed to handle the stressful dilemmas accordingly.

	d.  he is seeking a change in his discharge status from general under honorable conditions to honorable because he is now prepared to deal with this pressure and hopes to become an active Soldier again within the military.  He hopes to display the Army values of personal courage, integrity, honor, respect, loyalty, duty, and selfless service for the country.

3.  He provides no additional documents.


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 19 February 2009 at the age of 22.

2.  On 2 November 2009, he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for being absent without leave (AWOL) from 30 August to 8 September 2009.

3.  On 10 February 2010, his company commander notified him of his intent to recommend him for discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), paragraph 14-12b by reason of misconduct for disrespecting and disobeying a direct order from a noncommissioned officer (NCO); unlawfully entering a room; failing to complete corrective training; lying to an NCO; AWOL from 30 August to 8 September 2009; receiving a Field Grade Article 15; and failing to be at his appointed place of duty and accountability formation.  He was advised of his rights.

4.  On 10 February 2010, he consulted with legal counsel, was advised of the impact of the discharge action, and he submitted statements in his own behalf.  He discussed that he loved being in the military and wanted to remain in the U.S. Army.  He admitted he was not an ideal Soldier, made poor decisions, and had an inability to follow the directions of his superiors and show them respect.  He supported himself and paid his own tuition.  He joined the Army and served his country and worked towards a degree in Criminal Justice.  He attested that he never attempted to break into a room and he never used a weapon during a disagreement in his room.  He expressed he was committed to maturing and bettering himself immediately.

5.  The separation authority waived further rehabilitative efforts and directed the applicant be discharged from the service under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of misconduct - pattern of misconduct with a characterization of service of general under honorable conditions.

6.  On 30 March 2010, he was discharged accordingly.  He completed 1 year, 1 month, and 5 days total active military service with 7 days of lost time.  The DD Form 214 he was issued shows he was assigned a separation program designator (SPD) code of "JKA."

7.  On 3 February 2013, the Army Discharge Review Board denied the applicant's request for a change in the character and reason of his discharge.
8.  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 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.  An under other than honorable conditions discharge 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.

	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.
	
9.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states that the SPD code of JKA is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12b by reason of misconduct (pattern of misconduct).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's statements regarding his personal crisis, family problems, and stress he experienced in the Army are acknowledged.  However, he had many legitimate avenues through which to obtain assistance or relief without committing the misconduct which led to his discharge.  His personal problems are not sufficiently mitigating to warrant an upgrade of his discharge.

2.  The applicant's administrative discharge under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of a pattern of misconduct was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.

3.  His overall record of service did not meet the standards of acceptable conduct and performance of duty to warrant recommendation of an honorable discharge.  Although a discharge under other than honorable conditions is normally appropriate for the authority and reason for his discharge, it appears that his chain of command and the final approval authority considered his overall record of service resulting in the issuance of a general discharge under honorable conditions.

4.  He committed his offense at the age of 23 and his record is void of evidence showing he was any less mature than other Soldiers of the same age who successfully completed military service.  

5.  After a thorough review of the evidence relating to the applicant's service, he has not presented sufficient evidence which warrants upgrading his general discharge to honorable.

6.  His narrative reason for discharge was based on his misconduct and there is no basis upon which this reason should be changed.  In view of the foregoing, there is no basis for granting relief in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION

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)                                         AR20140006814





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ABCMR Record of Proceedings (cont)                                         AR20140006814



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