IN THE CASE OF:  	

      BOARD DATE:  	1 May 2013

      CASE NUMBER:  	AR20120022599
___________________________________________________________________________

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 his discharge is inequitable because it was based on his inability to perform due to a misdiagnosis by his doctor in mental health.  He was unable to function properly and the medications caused multiple side effects such over sleeping, hallucinations, panic attacks, and impulsive behavior, to name a few.  He was later seen be a different doctor who diagnosed him with ADHD, not schizoaffective disorder, and since receiving that diagnosis he has not had any problems at work or home due to misconduct.  His medical discharge was also denied and cancelled.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		6 December 2012			
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			2 May 2012	
d. Reason/Authority/SPD/RE Code:	Misconduct (Serious Offense), AR 635-200
      paragraph 14-12c, JKQ, RE-3 		
e. Unit of assignment:			G Company, 4-320th Field Artillery Regiment, 4th 						Brigade Combat Team, 101st Airborne Division (Air 						Assault), Fort Campbell, Kentucky	
f. Current Enlistment Date/Term:	20 August 2008, 3 years, 25 weeks
g. Current Enlistment Service:	3 years, 4 months, 27 days
h. Total Service:			3 years, 4 months, 27 days
i. Time Lost:				104 days 
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	91B10, Wheeled Vehicle Mechanic
m. GT Score:				104
n. Education:				HS Graduate
o. Overseas Service:			Korea
p. Combat Service:			None
q. Decorations/Awards:		NDSM, KDSM, 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 20 August 2008, for a period of 3 years, and           25 weeks.  He was 21 years old at the time of entry and a high school graduate.  He served in Korea and completed 3 years, 4 months, and 27 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 12 March 2012, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c, Commission of a Serious Offense, specifically for:

a. disobeying a lawful general order by using a synthetic drug called Red Doves
b. disobeying lawful orders from noncommissioned officers
c. disrespecting noncommissioned officer
d. failing to maintain positive control of his military identification card
e. making false official statements
f. failing to be at his appointed place of duty at the time prescribed on numerous occasions  
2.  Based on the above misconduct, the commander recommended a general, under honorable conditions discharge.

3.  On 15 March 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in 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.  The separation authority approved the recommendation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 2 May 2012, under Army Regulation 635-200, Chapter 14-12c, with a general, under honorable conditions discharge, an SPD code of JKQ, and a RE code of 3. 

6.  The applicant's record shows he was absent without leave (AWOL) during the period          6 April 2011 through 18 April 2011 for 12 days and 5 August 2011 through 7 November 2011 for 92 days.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 8 December 2010, without authority failed to go at the time prescribed to his appointed place of duty on six occasions (100920), (100928), (101027), (101102), and twice on (101105).  The punishment consisted of reduction to the grade of E-1, forfeiture of $723 pay for 2 months, suspended, to be automatically remitted if not vacated (110608), extra duty and restriction for 45 days, (FG). 

2.  Article 15, dated 22 February 2011, without authority failed to go at the time prescribed to his appointed place of duty (110104); disobeyed a lawful command from a superior officer (110104).  The punishment consisted of reduction to the grade of E-1, forfeiture of $725 pay for two months, 45 days of extra duty and restriction, (FG). 

3.  Thirty-eight negative counseling statements dated between 1 July 2010 and 5 April 2011 for failing to follow a lawful order from a non commissioned officer, violating restriction and extra duty, disrespect towards a noncommissioned officer, loss of room key, failure to obey a lawful order (multiple, failure to report, failure to attend an appointment (multiple), dereliction of duty, and lying to a non-commissioned officer).

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, and a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant provided none.  

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 documents 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 repeated incidents of misconduct, the applicant diminished the quality his service below that meriting an honorable discharge.  The applicant’s record of service was marred by numerous negative counseling statements and 2 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 contends a misdiagnosis by his doctor in mental health resulted in his discharge from the Army.  However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition.  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.  Additionally, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct.  

5.  The records show the proper discharge and separation authority procedures were followed in this case.  

6.  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:    1 May 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:			No
Change Characterization to:		No Change
Change Reason to:				No Change
Change Authority for Separation:		No Change
Change RE Code to:			No Change
Grade Restoration to:			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	UOTHC - Under Other Than                           			               Honorable Conditions



ADRB Case Report and Directive (cont)		AR20120022599



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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