IN THE CASE OF:  	Mr. 

      BOARD DATE:  	17 April 2013

      CASE NUMBER:  	AR20120022125
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.






      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of his discharge from general, under honorable conditions to honorable.

2.  The applicant states, in effect, he finished his enlistment and reenlisted; he desires to receive VA benefits.  He is in the process of paying back his second reenlistment bonus.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		30 November 2012
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			27 September 2010
d. Reason/Authority/SPD/RE Code:	Pattern of Misconduct , AR 635-200, 14-12b, JKA, 						RE-3
e. Unit of assignment:			HHB, 1-319th  FA Regt, Fort Bragg, NC  
f. Current Enlistment Date/Term:	6 October 2009, 4 years 
g. Current Enlistment Service:	0 year, 11 months, 14 days/ to account for period of 						AWOL
h. Total Service:			3 years, 10 months, 4 days			
i.  Time Lost:				8 days, (100712-100719)
j. Previous Discharges:		RA (061116-091005)/HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	13W1P, FA Meteorological Crewmember
m. GT Score:				95
n. Education:				GED
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (081205-091120)
q. Decorations/Awards:		ARCOM, AGCM, NDSM, ICM-W/CS, GWOTSM, 						ASR, OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		None		
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army 15 November 2006, for a period of 3 years, 24 weeks.  He was 19 years old at the time of entry with a GED.  On 6 October 2009, he reenlisted for a period of 4 years and was 22 years old at the time. He was serving at Fort Bragg, NC, when his discharge was initiated.  His record also shows that he served a combat tour and earned several awards including an ARCOM and AGCM.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 17 August 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for the following offenses:

         a.  being absent without leave (AWOL) from (100712-100720) 
         b.  violating the 100 mile pass policy (100402)
         c.  making a false official statement to 1SG T (100403)
         d.  making a false official statement to SSG M (080912)
         e.  damaging government property (071017)

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 

3.  On 19 August 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement was on his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  

4.  On 7 September 2010, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

5.  The applicant's record shows he was AWOL for 8 days during the period 12 July 2010 through 19 July 2010.  The mode of return is unknown. 

6.  The applicant was discharged from the Army on 27 September 2010, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, a Separation Program Designator code (SPD) of JKA and an RE code of 3.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A Field Grade Article 15, dated 26 July 2010 for wrongfully leaving his unit from 12 July 2010 to 20 July 2010; his punishment consisted of reduction to E-1, forfeiture of $500 pay x 2 months (suspended), extra duty for 45 days and restriction for 45 days.

2.  A Company Grade Article 15, dated 14 April 2010 for traveling outside the 100 mile pass radius (100402) and making a false official statement to 1SG T (100403), his punishment consisted of reduction to E-3, forfeiture of $448 pay x 1 month, restriction for 14 days (both suspended) and extra duty for 14 days.


3.  A Field Grade Article 15, dated 1 December 2008 for making a false official statement to 1SG T (081209) and Staff Sergeant M (081209); his punishment consisted of reduction to reduction to E-2, forfeiture of $754 x 2 months (suspended), extra duty for 4 days, restriction for 4 days and an oral admonition. 

4.  A Company Grade Article 15, dated 2 November 2007 for damaging military property (071017); his punishment consisted of extra duty for 14 days and restriction for 14 days.

5.  There are 9 negative/performance counseling statements that were done between 18 October 2007 through 22 July 2010, for damage and destruction of government property, substandard performance, falsifying information to an NCO, performance counseling, being AWOL, and a disregard for the Army Core Values (ACV’s) of respect, honor, and integrity.   

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 4 December 2012; and a DD Form 214, dated 27 September 2010.

POST-SERVICE ACTIVITY: 

The applicant did not provide any.

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include 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 being absent 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; however, a general, under honorable conditions or an honorable discharge may be granted.   

2.  Army Regulation 635-200, 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.  Whenever there is doubt, it is to be resolved in favor of the individual.

3.  Army Regulation 635-200, 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.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.
DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, the issue and document submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.

2.  The record confirms that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  It brought discredit on the Army, and was prejudicial to good order and discipline.  By the pattern of misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by 4 Articles 15 for multiple violations of the Uniform Code of Military Justice.

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.

4.  The applicant desires to receive VA benefits.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
 
5.  The applicant contends he is in the process of paying back his second reenlistment bonus. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued.  
       
6.  The records show the proper discharge and separation authority procedures were followed in this case.  

7.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief.












SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review        Date:  17 April 2013          Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: NA

Witnesses/Observers: NA 

Board Vote:
Character Change:  1	No Change:  4
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	No Change
Change Reason to:		No Change
Change Authority for Separation:	N/A
Change RE Code to:	N/A
Grade Restoration to:	N/A
Other:	N/A



















Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20120022125



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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