IN THE CASE OF:  	Mr.

      BOARD DATE:  	17 April 2013

      CASE NUMBER:  	AR20120022230
___________________________________________________________________________

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 characterization from general, under honorable conditions to honorable.

2.  The applicant states, in effect, that he would like to pursue and further his education in mechanics.  He always dreamed about becoming a successful mechanic.  He was not the best Soldier, but he would greatly appreciate the chance of not being another unemployed and uneducated person.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		3 December 2012
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			21 April 2010
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, Chapter 14-12b, JKA, RE-3
e. Unit of assignment:			98th Maintenance Company, 158th Combat 							Sustainment Support Command, Kandahar Airfield, 						Afghanistan, APO AE 09355
f. Current Enlistment Date/Term:	26 July 2007, 03 years, 25 weeks
g. Current Enlistment Service:	2 years, 08 months, 26 days
h. Total Service:			2 years, 08 months, 26 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2	
l. Military Occupational Specialty:	91B10 Wheeled Vehicle Mechanic
m. GT Score:				98
n. Education:				GED
o. Overseas Service:			SWA
p. Combat Service:			Afghanistan (090601-100402)
q. Decorations/Awards:		NDSM, ACM-w/CS, GWOTSM, ASR, OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes	
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant's record shows he enlisted in the Regular Army on 26 July 2007, for a period of 03 years, 25 weeks.  He was 20 years old at the time and had a high school equivalency (GED).  When his discharge proceeding were initiated he was serving at Kandahar Airfield, Afghanistan.  He served a little more than 2 years and 8 months of a 3 year and 25 week enlistment and his record documents no acts of valor or significant achievement. 

 

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 29 March 2010, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of pattern of misconduct; specifically for multiple failures to report to his appointed place of duty and on divers occasions, failing to obey lawful orders from his chain of command.

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

3.  On 29 March 2010, the applicant waived consulting with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his 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 of a general, under honorable conditions discharge.  

4.  On 31 March 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 was separated on 21 April 2010, under Army Regulation 635-200, Chapter 14-12b (Pattern of Misconduct), with a general, under honorable conditions discharge, an SPD code of JKA and an RE code of 3.

6.  The applicant’s record does not show any time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The applicant's disciplinary record includes the following:

     a.  Received a  Company grade Article 15 on 2 May 2008, for failing to go to his appointed place of duty at the prescribed time (080408).  His punishment consisted of reduction to E-1; forfeiture of $314.00 pay per month for one month, suspended, extra duty for 14 days and restriction for 14 days.

     b.  On 28 March 2008, the suspension of punishment of a forfeiture of $314.00 pay was vacated for a new failed to go to his appointed place of duty at the appointed time (080505).

     c.  Received a Company Grade Article 15 on 17 December 2009, for failing to go to his appointed place of duty at the prescribed time (091125).  His punishment consisted of extra duty for 14 days and restriction for 14 days.

2.  There are 4 negative counseling statements dated between 20 September 2009 and
21 January 2010, for check cashing privileges suspended in the PX, failure to obey a lawful order, unsatisfactory performance and a lack of self discipline, and unsatisfactory progress in the monthly weigh-ins.

EVIDENCE SUBMITTED BY THE APPLICANT: 

A DD Form 293, a DD Form 214.

POST-SERVICE ACTIVITY: 

None were provided with the application.

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 his military records and the issues submitted with the application, there are insufficient factors to merit an upgrade of the applicant's discharge.  

2.  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 repeated incidents of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s service was marred by two Article 15s and several negative counseling statements.

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

4.  The applicant contends that he would like to pursue and further his education in mechanics.  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 that he would greatly appreciate the chance of not being another unemployed and uneducated person.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities

6.  The record contains no evidence of arbitrary or capricious actions by the applicant’s command, all requirements of law and regulation were met, and his rights were fully protected throughout the separation process.  

7.  Records show the proper discharge and separation authority procedures were followed in this case.

8.  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:  Record Review    Date:  17 April 2013     Location: Washington, DC

Did the Applicant Testify?  N/A

Counsel: None

Witnesses/Observers: NA

Board Vote:
Character  	Change:  0	No Change:  5
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 RE Code to:	N/A
Grade Restoration to:	N/A
Change Authority for Separation:	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)		AR20120022230



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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