IN THE CASE OF:
BOARD DATE: 18 June 2015
DOCKET NUMBER: AR20140019533
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 discharge under other than honorable conditions (UOTHC).
2. The applicant states he was completely set up and it was proven. They still put him out and that was wrong. He did the best he could at everything he did. He served his country and put his life on the line and a sergeant major with a big ego put him out because he didn't like him.
3. The applicant did not provide any supporting additional documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 22 May 2006. He held military occupational specialty 92G (Food Service Specialist).
2. His Enlisted Record Brief shows:
a. he served in Iraq from 24 November 2007 to 22 December 2008;
b. the highest grade he attained was specialist/E-4; and
c. he was awarded the National Defense Service Medal, Iraq Campaign Medal, Global War on Terrorism Campaign Medal, Army Service Ribbon, and the Overseas Service Ribbon.
3. On 2 February 2010, the applicant received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for
* failing to go at the prescribed time to his appointed place of duty on
14 January 2010
* being disrespectful in language towards a superior noncommissioned officer on 14 January 2010
* going upon a military installation for a purpose prohibited by law on
29 December 2009
* furnishing alcoholic beverages to a person under the age of 21 on
29 December 2009
* possessing an alcoholic beverage while under the age of 21 on
29 December 2009
* possessing an alcoholic beverage while under the age of 21 on
8 November 2009
4. On 20 February 2012, his immediate commander notified him of his intent to initiate separation action against him for commission of a serious offense. The commander stated the reasons for the proposed actions were stealing the front bumper and two tires from another Soldier's automobile. The commander indicated he would recommend a UOTHC discharge.
5. The applicant acknowledged receipt of the separation notification action and consulted with counsel. He waived his rights and elected to not submit a statement in his own behalf.
6. The applicant's immediate commander initiated separation action against him in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c, for misconduct commission of a serious offense. The commander further recommended his discharge UOTHC.
7. The applicant's chain of command recommended approval and the separation authority approved the recommendation and directed a UOTHC discharge.
8. On 11 March 2010, the applicant was discharged UOTHC. He had completed 2 years, 10 months, and 10 days of net active service this period.
9. On 11 August 2011, the Army Discharge Review Board denied his request for an upgrade of his discharge.
10. 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 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 UOTHC is normally appropriate for a Soldier discharged under this chapter.
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 members 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 states 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 applicant has submitted neither probative evidence nor a convincing argument in support of his request.
2. His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.
3. In view of the foregoing, there is no basis for granting the applicant an honorable or a general 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 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) AR20120009372
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140019533
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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