IN THE CASE OF:	Mr. 

      BOARD DATE:  	3 June 2013

      CASE NUMBER:  	AR20120022550
___________________________________________________________________________

Board Determination and Directed Action

1.  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 to be both proper and equitable and voted to deny relief.  

2.  However, notwithstanding the propriety of the applicant’s discharge, the Board found that the applicant’s DD Form 214, block 27 contains the erroneous reentry code of 4.    

3.  In view of the error, the Board directed an administrative correction to block 27 to read 
RE-3, as required by Army Regulations.  
      



      
      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 under other than honorable conditions to honorable.

2.  He states, in effect, that he was young at the time and was looking for help in a time of war and not knowing how to process what he saw, felt, and heard, led him to act out.  An upgrade of his discharge would allow him to receive medical benefits for injuries he sustained while in the Service.  He also wants to take advantage of educational benefits to improve his life.  An honorable discharge would better reflect what he gave to his country.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		7 December 2012
b. Discharge Received:		Under Other Than Honorable Conditions 
c. Date of Discharge:			23 May 2006
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, Chapter 						14-12c, JKQ, RE-4
e. Unit of assignment:			E Company, 2d Bde Spt Bn, Fort Campbell, KY
f. Enlistment Date/Term:		5 March 2003, 4 years
g. Current Enlistment Service:	3 years, 2 months, 19 days 
h. Total Service:			3 years, 2 months, 19 days
i. Lost time:				None	
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	52D10, Power Generator Equipment Repairer
m. GT Score:				107
n. Education:				GED
o. Overseas Service:			Korea, SWA
p. Combat Service:			Iraq (040808-050724) 
q. Decorations/Awards:		AAM, AGCM, NDSM, ICM, GWOTSM, KDSM
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 5 March 2003, for a period of 4 years.  He was 17 years old at the time and had a high school equivalency (GED).  His record also shows he served a combat tour in Iraq.  His awards include an AAM and an AGCM.  

SEPARATION FACTS AND CIRCUMSTANCES

1.  On 3 May 2006, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct, for the commission of serious offenses; specifically for an offense of driving under the influence (DUI).

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

3.  On 3 May 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf.  The election of rights document is not legible enough to determine if he waived his right to an administrative separation board.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The senior intermediate commanders reviewed the proposed action and recommended approval of an under other than honorable conditions discharge.  

4.  On 16 May 2006, the separation authority approved the applicant’s unconditional waiver to a hearing before an administrative separation board, waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions under the provisions of AR 635-200, paragraph 14-12c, for the commission of a serious offense.  

5.  The applicant was separated on 23 May 2006, under Army Regulation 635-200, Chapter 14-12c for misconduct (serious offense), with an under other than honorable conditions discharge, an SPD code of JKQ and an RE code of 4.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A field grade Article 15, issued on 21 June 2005, while in Iraq, violated General Order Number 1 by possessing and consuming alcoholic beverages (050427).  His punishment consisted of reduction to the grade of E-3, forfeiture of pay in the amount of $961.35 per month for 2 months, 45 days of extra duty and restriction.

2.  A field grade Article 15, issued on 20 November 2003, for disobeying a lawful general regulation by underage drinking (031109).  His punishment consisted of reduction to E-1 (suspended), forfeiture of pay in the amount of $100.00, and 35 days of extra duty and restriction.

3.  There are 4 negative counseling’s dated between 16 September 2005 and 27 December 2005, for using and possessing marijuana, underage drinking, driving under the influence, unsatisfactory performance, ASAP referral, failure to obey a General Order, and destruction of government property.

4.  US District Court Violation notice dated 24 December 2005, for having an open container in a motor vehicle.

5.  A receipt for inmate or detained person dated 9 December 2009, for underage drinking and failure to obey a General Order.

EVIDENCE SUBMITTED BY THE APPLICANT: 

DA Form 638, self-authored statement, VA treatment certificate, AAM award, two training certificates, certificate of affiliation, promotion certificate, two counseling statements, discharge packet, violation notice, competence for duty examination, DA Form 4465 (screening record), and DD Form 214.

POST-SERVICE ACTIVITY: 

None 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, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The record confirms 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 serious misconduct, the applicant diminished the quality his service below that meriting a general or a fully honorable discharge.  The applicant’s service was marred by two Articles 15 for multiple violations of the Uniform Code of Military Justice and many 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 he was a young man who served his country at war and was confused as a result of these stressors and is now seeking medical and educational benefits.  The applicant’s in-service accomplishments and the quality of his service during the initial portion of the enlistment under review were duly considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct, the multiple negative counseling statements, and the documented actions under Article 15 of the Uniformed Code of Military Justice.  Moreover, the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  

5.  The applicant states the stressors of war contributed to his acting out that ultimately ended up in his discharge from the Army. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review.  Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication.  

6.  The applicant desires medical and educational 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.

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

8.  Further, the service record indicates an error in block 27 of the DD Form 214, reentry code shown as 4.  The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense).  AR 635-5-1, (Separation Program Designator Codes) and Cross Reference Table shows that a Soldier processed for misconduct (serious offense) will be assigned an SPD Code of JKQ and an RE Code of 3.  


SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Record Review      Date:  3 June 2013		Location: Washington, DC

Did the Applicant Testify?  No

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:		Yes
Change Characterization to:	No Change
Change Reason to:			No Change
Change RE Code to:		RE-3
Grade Restoration to:		NA
Change Authority for Separation:	NA
Other:					NA














 
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	UOTH - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR 20120022550

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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