IN THE CASE OF:	  

		BOARD DATE:	  16 June 2015

		DOCKET NUMBER:  AR20140018037 


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 completed the Army Substance Abuse Program after receiving two drinking-related Article 15s, but after 8 months with no incidents he was still chaptered out. 

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 4856 (Developmental Counseling Form)
* Certificate of Nomination to Disabled American Veterans
* Certificate awarding him the Air Medal
* Certificates of Training
* Certificate of Completion of an Alcohol Program
* Award of the Combat Action Badge
* Award of the Basic Aviation Badge
* DA Form 705 (Army Physical Fitness Test Scorecard)
* DA Form 5790-R (Record Firing Scorecard)

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 28 September 2004.  He was trained in and held military occupational specialty 19D (Cavalry Scout).  
2.  He served in Iraq from 22 September 2005 to 26 August 2006.  He was awarded or authorized the Air Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, Army Service Ribbon, Overseas Service Ribbon, Combat Action Badge, and Basic Aviation Badge. 

3.  He was assigned to Company B, 6th Battalion, 101st General Support Aviation Battalion, 101st Airborne Division, Fort Campbell, KY.  He completed various training courses and he attained the rank/grade of private first class/E-3. 

4.  He accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice on/for: 

	a.  5 July 2006, in Iraq, willfully disobeying a lawful command from his commanding officer, wrongfully possessing and consuming alcoholic beverages, and being drunk and disorderly.  His punishment consisted of a reduction to private/E-2, forfeiture of pay, and extra duty.  He elected not to appeal. 

	b.  16 January 2007, at Fort Campbell, failing to go at the time prescribed to his appointed place of duty and being incapacitated for the proper performance of his duties as a result of previous indulgence in intoxicating liquor or drugs.  His punishment consisted of reduction to private/E-1, a forfeiture of pay, extra duty and restriction, and a reprimand.  

5.  On 22 January 2007, the applicant underwent a mental status evaluation due to his ongoing misconduct.  He was found to have had the capacity to understand and participate in administrative proceedings, met retention standards, and was mentally responsible.  He was not diagnosed with any mental conditions and he was cleared for administrative actions deemed appropriate by his chain of command.  

6.  On 9 May 2007, the applicant’s immediate commander notified the applicant of his intent to initiate separation action against him in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 
paragraph 14-12b, for misconduct – pattern of misconduct.  The specific reasons are cited as his repeated misconduct of failing to obey a lawful order by consuming alcohol while deployed, being drunk and disorderly, and failing to obey a commissioned officer.  He recommended the issuance of an under honorable conditions (general) discharge. 

7.  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 and its effect on further enlistment or reenlistment, the possible effects of this discharge, and of the procedures/rights that were available to him.  He waived consideration of his case by a separation board and/or a personal appearance before a separation board (he did not qualify for one because he did not have at least 6 years of military service).  He also acknowledged he understood that he could expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him and/or he could be ineligible for many or all benefits as a veteran under Federal and State laws as a result of the issuance of an under other than honorable conditions discharge.

8.  Subsequent to his acknowledgement, the applicant’s immediate commander initiated separation action against him in accordance with Army Regulation      635-200, paragraph 14-12b, for a pattern of misconduct.  His intermediate (battalion) commander recommended approval of the discharge action with the issuance of a general discharge. 

9.  On 9 August 2007, 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 with an under honorable conditions (general) characterization of service.  On 31 August 2007, the applicant was accordingly discharged.  

10.  His DD Form 214 shows he was discharged under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct (pattern of misconduct) with an under honorable conditions (general) characterization of service.  He completed 2 years, 11 months, and 3 days of net active service this period.  

11.  On 4 February 2014, 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 infractions including willfully disobeying a lawful command form his commanding officer, wrongfully possessing and consuming alcoholic beverages, being drunk and disorderly, failing to go at the time prescribed to his appointed place of duty, and being incapacitated for the proper performance of his duties as a result of previous indulgence in intoxicating liquor or drugs.  Accordingly, his chain of command initiated separation action against him.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

2.  The evidence of record further shows his discharge was appropriate because the quality of his service was not consistent with Army standards of acceptable personal conduct and performance of duty.  Therefore, there is no basis for 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)                                         AR20140018037





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ABCMR Record of Proceedings (cont)                                         AR20140018037



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