IN THE CASE OF:  	Mr.

      BOARD DATE:  	24 April 2013

      CASE NUMBER:  	AR20120022940
___________________________________________________________________________

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 to upgrade his characterization of service from general, under honorable conditions to fully honorable, and to change the narrative reason for his discharge.

2.  The applicant states, in effect, that during his discharge, he was going through a very odious divorce and custody battle.  He was in constant fear of losing custody of his child.  However, those issues have been resolved.  He now has a family and a 15-month-old daughter.  He wants nothing more than to be able to support his family and be given another chance to serve his country.  He is an American Soldier, a warrior, and a team member.  Unfortunately, he believes that he made the step to better his life at the wrong time. He was young and didn't understand the true meaning of life, a lesson he learned while enlisted.  He has a grown into an extremely responsible and motivated man.  His family is more supportive than ever, and would have his back in every situation.  He wants to be a part of the team again. 

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	12 December 2012
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	19 November 2008
	d.	Reason/Authority/SPD/RE Code:	Pattern of Misconduct / AR 635-200, Paragraph 14-12b 
			/ JKA / RE-3
	e.	Unit of assignment:	81st Quartermaster Company, 80th Ordnance 
			Battalion, Fort Lewis, WA
	f.	Current Enlistment Date/Term:	14 June 2007 / 3 years, 17 weeks
	g.	Current Enlistment Service:	1 year, 4 months, 11 days
	h.	Total Service:	1 year, 4 months, 11 days
	i.	Time Lost:	AWOL (080801-080825) for 25 days
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-2
	l.	Military Occupational Specialty:	88M (Motor Transport Operator)
	m.	GT Score:	91
	n.	Education:	HS Grad
	o.	Overseas Service:	None
	p.	Combat Service:	None
	q.	Decorations/Awards:	NDSM; ASR
	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 14 June 2007 for a period of 3 years and 17 weeks.  He was 20 years old at the time of entry and a high school graduate.  He has not served overseas.  The record does not reflect any valor or achievement awards.  He has completed 1 year, 4 months, and 11 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 23 October 2008, 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.  Specifically for the following offenses:  

a. failing to be at his appointed place of duty at the prescribed time on divers occasions
b. being AWOL
c. being disrespectful to an NCO 

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge.

3.  On 5 November 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit 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 12 November 2008, 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 19 November 2008, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for pattern of misconduct, a Separation Program Designator code (SPD) of JKA and an RE code of 3. 

6.  The applicant’s record contains a period of lost time for being AWOL for a total of 25 days (080801-080825) with an unknown mode of return, and is reflected in the applicants DD Form 214.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 16 September 2008, for being AWOL (080801 and 080826).  The punishment consisted of forfeiture of $600 for two months, 45 days of extra duty, and an oral reprimand (FG) 

2.  Article 15, dated 22 May 2008, for failing to report on 2 occasions (080422 and 080429) and disrespectful in language toward an NCO (080428).  The punishment consisted of forfeiture of $314 and 15 days of extra duty (CG) 

3.  Article 15, dated 18 March 2008, for failing to report (080226).  He was reduced to E-1 and extra duty for 15 days (CG)

4.  Seventeen negative counseling statements, dated between 16 January 2008 and 27 September 2008, for being disrespectful toward an NCO; for not paying Spouse the BAH; showing up to work late; missing formations; failing to report; performing unsatisfactorily; being AWOL; and lying to an NCO

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 214 with his application.

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, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge and a change to the narrative reason for the 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 3 Articles 15 for multiple violations of the Uniform Code of Military Justice and 17 negative counseling statements.

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 that he was having family issues that affected his behavior and ultimately caused him to be discharged.  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.

5.  The applicant also contends that he was young and immature at the time of the discharge.  The record shows the applicant met entrance qualification standards to include age.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

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:  24 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 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)		AR20120022940



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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