IN THE CASE OF:  	Mr.

      BOARD DATE:  	3 May 2013

      CASE NUMBER:  	AR20130000188
___________________________________________________________________________

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 and a change to the narrative reason.

2.  He states, in effect, that he was unjustly discharged before completing his enlistment.  The circumstances that led to his discharge were neglect, if not misconduct on the part of his immediate supervisors.  His discharge should be upgraded to prevent discrimination by potential employers and to receive unemployment compensation, until gainful employment can be obtained.  He requested assistance for a documented medical condition and his chain of command was not receptive to the doctor’s opinion for a Chapter 5 discharge.         

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		17 December 2012
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			30 November 2012
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200							paragraph 14-12c, JKQ, RE-3
e. Unit of assignment:			HHC, 46th Aviation Support Bn, Joint Base 							Lewis-McChord, WA
f. Current Enlistment Date/Term:	10 May 2011, 5 years, 29 weeks
g. Current Enlistment Service:	1 year, 6 months, 0 days 
h. Total Service:			1 year, 6 months, 0 days
i. Lost time:				12 days, AWOL
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3	
l. Military Occupational Specialty:	35F10, Intelligence Analyst
m. GT Score:				116
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			No
q. Decorations/Awards:		NDSM,  GWOTSM, 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 10 May 2011, for a period of 5 years, 29 weeks.  He was 19 years old at the time of entry and a high school graduate.  His discharge was initiated at Joint Base, Lewis-McChord, WA.  His record does not show he served in combat or earned any personal awards.  He attained the rank of PFC/E-3.


SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence contained in the applicant’s service record indicates that on 5 November 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct.  Specifically for the following offenses of wrongfully using spice and possessing paraphernalia.

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

3.  On 5 November 2012, 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 13 November 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.   

5.  The record shows the applicant absented himself from his unit (AWOL) during the period   10 November 2012 through 21 November 2012, for 12 days.  The applicant‘s mode of return is unknown. 

6.  The applicant was discharged from the Army on 21 November 2012, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct, (serious offense), a Separation Program Designator code (SPD) of JKQ and a RE code of 3. 

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A negative counseling statement conducted on 7 August 2012, for failing to obey orders.

2.  A Field Grade Article 15, dated 6 November 2012, for violating a general order, by wrongfully using/possessing spice and paraphernalia (120727); the punishment consisted of reduction to E-1, forfeiture of $745 pay x 2 months, extra duty for 14 days, restriction for 14 days and an oral reprimand.

3.  A CID Report of Investigation, dated 31 July 2012, that shows the applicant was under investigation for having spice in his room.

EVIDENCE SUBMITTED BY THE APPLICANT:  

The applicant provided two DD Forms 293, dated 10 December 2012 and 13 January 2013; DD Form 214, dated 30 November 2012; DD Form 215, dated 30 November 2012; Memorandum, Medical Statement, dated 27 September 2012; Excerpt, AR 635-200, dated 6 June 2005; Character Statement, dated 25 October 2012; DA Form 3349 (Physical Profile), dated 19 July 2012; Record Fire Scorecard, dated 21 June 2012; Telephone Consult,  dated 19 July 2012; Base Intensive Outpatient Program (BIOP) Agreement, dated 26 September 2012; ASAP Outpatient Aftercare Plan, dated 8 November 2012; Cedar Hills Hospital Continuing Discharge Plan, four (4) pages, dated 26 September 2012; Emergency Discharge Sheet, three (3) pages, dated 5 April 2012; Memorandum, Technology Enhancement Center (TEC), dated 23 April 2012; Copy of applicant’s Medical ID and an appointment slip, dated 15 October 2012; and a Memorandum, Army Discharge Review Board, dated 21 January 2013.   

POST-SERVICE ACTIVITY: 

The applicant did not provide any.

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 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 incidents of misconduct, the applicant diminished the quality his service below that meriting an honorable discharge.  

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 requested a change to the narrative reason for separation.  However, the applicant’s discharge was directed under the provisions of Chapter 14, paragraph 14-12c,     AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (serious offense),” the separation code is "JKQ," and the reentry eligibility (RE) code of “3.”  

5.  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  

6.  The applicant contends that the circumstances that led to his discharge were neglect, if not misconduct on the part of his immediate supervisors.  A review of the service record does not reveal any evidence of arbitrary or capricious actions by the applicant’s command.  It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   

7.  The applicant further contends his discharge should be upgraded to prevent discrimination by potential employers and to receive unemployment compensation until gainful employment can be obtained.   However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

8.  Also regarding the applicant receiving unemployment compensation, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued.  

9.  The applicant additionally contends he requested assistance for a documented medical condition and his chain of command was not receptive to the doctor’s opinion for a Chapter 5 discharge.  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.  

10.  Furthermore, the record shows that the applicant was screened for Post Traumatic Stress Disorder Non-Combat related (PTSD), which was deemed positive and subsequently completed a treatment program at the base hospital.   
         
11.  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: Record Review    Date:  3 May 2013       Location: Washington, DC

Did the Applicant Testify?  N/A

Counsel: None

Witnesses/Observers: N/A

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 RE Code to:		N/A
Grade Restoration to:		N/A
Change Authority for Separation:	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)		AR20130000188



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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