BOARD DATE:	  23 April 2015

		DOCKET NUMBER:  AR20140012578 


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 (GD) to an honorable discharge (HD).

2.  The applicant states:

* He has been an upstanding citizen since his discharge
* He has found out that his anger and explosions were not something he could have prevented
* He has sought help from a Department of Veterans Affairs clinic and he has found out that he has had anger issues going back to his childhood
* His chain of command did not want to look into what could have caused him to go off like he did
* His chain of command only found that he had trouble following rules

3.  The applicant provides one page of Veterans Integrated System Technology Architecture (VISTA) Electronic Medical Documentation Progress Notes, dated 28 August 2012 and a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 March 2010.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 17 October 2006.  He completed training as a Patriot Launch Station Enhanced Operator/Maintainer.

2.  The applicant was counseled on at least 14 separate occasions between 29 August 2007 and 5 January 2010 for the following offenses:

* Disobeying lawful orders
* Refusing to maintain his room in a clean and orderly state
* Missing formation
* Threatening noncommissioned officers (NCOs)
* Being unwilling to conform to military rules and regulations
* Lack of discipline
* Insubordination
* Being disrespectful to multiple NCOs
* Assaulting NCOs
* Provoking speeches and gestures and his attempt to seek marriage to a foreigner
* Coming to work with a big hole in his pocket
* Coming to work in unserviceable uniforms
* Being overweight
* Failing to maintain proper hygiene
* Reporting for duty drunk

3.  The applicant accepted nonjudicial punishment (NJP) on 6 March 2008 for being incapacitated for the proper performance of his duties as a result of previous overindulgence in intoxicating liquor or drugs.

4.  On 8 April 2009, the applicant was convicted by a summary court-martial of the following offenses:

* Shoving an NCO in the chest with his fingers
* Pushing an NCO with his right arm
* Being disrespectful in language towards an NCO
* Wrongfully communicating a threat to an NCO
* Willfully disobeying a lawful order

5.  He accepted NJP on 16 December 2009 for the following:

* being disrespectful towards a noncommissioned officer by throwing a meal ready to eat at him and then raising his arm in a gesture to strike him
* willfully disobeying an order 
* failing to go to his appointed place of duty (five specifications)


6.  On 13 January 2010, the applicant underwent a mental status evaluation and in the psychologist's opinion:

* The applicant did not have a psychiatric disease or defect that warranted disposition through medical channels
* He had the mental capacity to understand and participate in the proceedings
* He was mentally responsible
* He had not been deployed or involved in a traumatic/critical incident resulting in a diagnosis of traumatic brain injury or post-traumatic stress disorder while in the military
* He met the retention requirements of Chapter 3, Army Regulation 40-501 (Standards of Medical Fitness)

7.  The applicant was psychiatrically cleared for any administrative (or judicial) action deemed appropriate by his command.

8.  On 22 February 2010, the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200 (Personnel Separations), 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.

9.  The separation authority's approval memorandum is not available.  However, his DD Form 214 shows he was discharged on 16 March 2010 under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of a pattern of misconduct.  His service was characterized as general, under honorable conditions.

10.  On 15 March 2013, the Army Discharge Review Board denied the applicant's request for an upgrade of his GD to an HD.

11.  The applicant provides VISTA Electronic Medical Documentation Progress Notes, dated 28 August 2012, which shows he reported he was "quick to anger" and that it has been a chronic issue dating back to childhood.  He reported he had anger issues in the military and that he got "kicked out."  

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 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 GD if such is merited by the Soldier’s overall record of service.

	b.  Paragraph 3-7a states an HD 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.  His supporting evidence has been considered.

2.  His records show he was counseled on at least 14 separate occasions regarding his acts of misconduct.  He accepted NJP twice and he was convicted by a summary court-martial.  Considering the nature of his offenses it does not appear that the GD he received is too harsh.  

3.  The applicant underwent a Mental Status Evaluation and he was cleared for any administrative (or judicial) action deemed appropriate by his command.  
He met the retention requirements of Chapter 3, Army Regulation 40-501.  The fact that he contends he had anger issues dating back to childhood is not a justification for upgrading his discharge.

4.  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 determined his overall record of service warranted a GD.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20140012578



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ABCMR Record of Proceedings (cont)                                         AR20140012578



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