IN THE CASE OF:  	Mr.

      BOARD DATE:  	10 April 2013

      CASE NUMBER:  	AR20120022553
___________________________________________________________________________

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 has corrected the actions that lead to his discharge.  Since his discharge he has not been late to work or to any appointments.  He also would like to return to the Army and serve his country again.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		10 December 2012	
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			4 May 2011
d. Reason/Authority/SPD/RE Code:	Pattern of Misconduct, AR 635-200, 14-12b, JKA, 						RE-3
e. Unit of assignment:			B Co, 4/1st BSTB, 4th IBCT, 1st ID, Fort Riley, KS
f. Current Enlistment Date/Term:	3 July 2008, for 4 years, 34 weeks
g. Current Enlistment Service:	2 years, 10 months, 02 days
h. Total Service:			2 years, 10 months, 02 days
i. Time Lost:				None	
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	35H10/Common Ground STN Op
m. GT Score:				101
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (090825-100725)
q. Decorations/Awards:		ARCOM, ICM-w/CS, NDSM, 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 enlisted in the Regular Army on 3 July 2008, for a period of four years and       34 weeks.  He was 18 years old at the time of entry and a high school graduate.  He served for 2 years, 10 months and 2 days and was discharged for pattern of misconduct, specifically for multiple failures to report.  His service record reflects he served one combat tour, achieved the rank of SPC/E-4, and earned an ARCOM.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 6 April 2011, 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 failure to report on multiple occasions.

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

3.  On 12 April 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement 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 14 April 2011, 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 discharged from the Army on 4 May 2011, 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 a RE code of 3.

6.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A field grade Article 15 issued 3 December 2010, for dereliction in the performance of his duties x 2 (25 February 2010 and 10 November 2010) and failing to go at the time prescribed to his appointed place of duty x 10 (9, 14, and 17 April 2009, 24 and 27 November 2009,         3 December 2009, 23 March 2010, 22 May 2010, 29 October 2010, and 3 November 2010).  His punishment consisted of reduction to E-3; forfeiture of $733.00 per month for two months; extra duty for 45 days, and restriction for 45 days.

2.  A field grade Article 15 issued 11 February 2011, for failing to go at the time prescribed to his appointed place of duty x 4 (20, 21, 22 and 24 January 2011).  His punishment consisted of reduction to E-1; forfeiture of $733.00 per month for two months; extra duty for 45 days, and restriction for 45 days.

3.  There are three negative counseling’s dated between 24 February 2011 and 15 March 2011 for numerous instances of being disrespectful towards a senior noncommissioned officer to failing to report to his appointed place of duty.


EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided no additionally documents with his application.

POST-SERVICE ACTIVITY: 

The applicant contends since his discharge he has not been late to work or any required appointments.

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, and the issues 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 two Article 15s 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 contends he has corrected the actions that lead to his discharge and would like to return to the Army and serve his country again.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on AR 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 

5.  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: 10 April 2013   Location: Washington, DC

Did the Applicant Testify?  NA 

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 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)		AR20120022553



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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