IN THE CASE OF:  	

      BOARD DATE:  	26 June 2013

      CASE NUMBER:  	AR20130000126
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, 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 that his under other than honorable conditions discharge be upgraded to honorable and the reentry code changed to 1.

2.  The applicant states, in effect, that his grandmother passed away and he wanted to say goodbye to her.  He told his sergeant that he wanted to go home but was told no because she wasn’t immediate family.  He went AWOL and now he realizes that he made some immature decisions.  He has matured in the past few years and is trying to raise his family.

a. Application Receipt Date:			26 December 2012	
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				9 June 2008
d. Reason/Authority/SPD/RE Code:		Misconduct (Serious Offense),              								AR 635-200, 14-12c, JKQ, RE-3	
e. Unit of assignment:				B Company, 27th Brigade Support Battlion, 4th 						Brigade Combat Team, 1st Cavalry Division							Fort Hood, TX
f. Current Enlistment Date/Term:		16 November 2006, 3 years, 26 weeks
g. Current Enlistment Service:		1 year, 4 months, 13 days
h. Total Service:				1 year, 4 months, 13 days
i. Time Lost:					73 days
j. Previous Discharges:			None 
k. Highest Grade Achieved:			E-2
l. Military Occupational Specialty:		63B10, Wheeled Vehicle Mechanic
m. GT Score:					87
n. Education:					High School Graduate
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 16 November 2006, for a period of 3 years and 26 weeks.  He was 20 years old at the time of entry and was a high school graduate.  He was serving at Fort Hood, TX when his discharge was initiated.  The record does not show any significant achievements or meritorious awards.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 30 April 2008, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, paragraph 14-12c, specifically for the commission of a serious offense for being AWOL on two different occasions (070814-071001 and 080205-080229).

2.  Based on the above misconduct, the commander recommended an under other than honorable conditions discharge.

3.  On 19 March 2008, in a Summary Court-Martial, the applicant offered to plead guilty, voluntarily and unconditionally waive consideration of his case by an administrative separation board and accepting an under other than honorable conditions discharge.

4.  On 19 March 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, 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 commanders reviewed the proposed action and recommended approval with an under other than honorable conditions discharge.  

5.  On 21 May 2008, the General Court Martial Convening Authority, approved the unconditional waiver request and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.  

6.  The applicant was separated on 9 June 2008, under Army Regulation 635-200, Chapter 14-12c, with an under other than honorable conditions discharge, an SPD code of JKQ, and a RE code of 3.  

7.  The applicant’s record contains two periods of unauthorized absences or time lost (070814-071001 and 080205-080229) for a total of 73 days.  The modes of return are unknown.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Field Grade Article 15, dated 24 October 2007, for AWOL (070814-071001).  His punishment consisted of reduction to E-1, forfeiture of $650.00 per month for 2 months, 45 days of extra duty, and 45 days of restriction.

2.  Summary court-martial adjudged on 10 April 2008, for being AWOL (080205-080229).
His punishment consisted of confinement for 7 days, (per pre-trial agreement).

3.  Several negative counseling statements dated between 1 October 2007 through 13 April 2008, for going AWOL, for showing signs of depression, reintegration, and losing military equipment.  

EVIDENCE SUBMITTED BY THE APPLICANT: 

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



POST-SERVICE ACTIVITY: 

The applicant states he is trying to raise a family.  

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.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12c, for misconduct (serious offense).

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned a SPD Code of "JKQ" will be assigned a RE Code of 3.

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 commission of a serious offense, misconduct, the applicant diminished the quality his service below that meriting a general or a fully honorable discharge.  The applicant’s record of service was marred by a Field Grade Article 15 and a Summary Court-Martial.

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 the loss of his grandmother resulted in him going AWOL.  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 desires to reenlist in the Army.  However, he was appropriately assigned a reentry code of 3.  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. 

6.  The applicant further expresses 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.

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:   26 June 2013	Location: Washington, DC

Did the Applicant Testify?  No

Counsel: None



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)		AR20130000126



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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