IN THE CASE OF:  	Mr.

      BOARD DATE:  	26 April 2013

      CASE NUMBER:  	AR20130000207
___________________________________________________________________________

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.  He states, in effect, that he would like to fill out job applications, be able to say he has an honorable discharge, and get a better job. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		27 December 2012
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			8 May 2008
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, Chapter 						14-12c, JKQ, RE-3
e. Unit of assignment:			F Co, 5-52nd ADA Bn, Fort Bliss, TX
f. Current Enlistment Date/Term:	22 December 2005, 3 years
g. Current Enlistment Service:	2 years, 4 months, 17 days 
h. Total Service:			4 years, 7 months, 22 days
i. Lost time:				None
j. Previous Discharges:		ARNG-(030717-030804)/NA									IADT-(030805-040211)/HD									ARNG-(040212-040524)NA
AD-(040525-050422)/HD
ARNG-(050423-051221)/HD
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	44B10, Metal Worker
m. GT Score:				88
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (040625-050322)/prior service
q. Decorations/Awards:		NDSM,  GWOTEM, GWOTSM, AFRM-W/”M” DEV, 						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's record shows he enlisted in the Regular Army on 22 December 2005 for a period of 3 years.  He was 21 years old at the time of entry and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 44B, Metal Worker.  He was serving at Fort Bliss, TX when his discharge was initiated.  He achieved the rank of SPC/E-4, and did not earn any personal awards.  His record also shows that he served a prior service combat tour and earned an award that included an AFRM-W/”M” DEV.
SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence contained in the applicant’s service record indicates that on 23 April 2008, 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: 

    a. wrongfully physically controlling a vehicle while drunk (080314)
         
    b. violating a lawful regulation, by wrongfully entering into a social contract with an initial entry trainee (080120)
        
    c. disobeying a lawful order from a commissioned officer not to consume alcohol while enrolled in the Army Substance Abuse Program (070909)
         
2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and informed the applicant of his rights.

3.  On 23 April 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his 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 of a general, under honorable conditions discharge.  

4.  On 24 April 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’s record does not show any record of unauthorized absences or lost time.

6.  The applicant was discharged from the Army on 8 May 2008, 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 an RE code of 3. 

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A General Officer Memorandum of Reprimand (GOMOR), dated 4 April 2008 for driving while intoxicated, (administrative). 

2.  A Field Grade Article 15, dated 16 April 2008, for driving while drunk (080314); the punishment consisted of  reduction to E-1, forfeiture of $373 pay x 1 month, extra duty for 45 days and restriction for 45 days.

3.   A Company Grade Article 15, dated 20 February 2008, for violating a lawful regulation, by wrongfully entering into social contract not required to accomplish the training mission with an initial entry trainee (080120); the punishment consisted of reduction to E-2, forfeiture of $325 pay x 1 month (suspended), extra duty for 14 days, restriction for 14 days and an oral reprimand.

4.  A Company Grade Article 15, dated 28 November 2007, for willfully disobeying a lawful command from CPT C, not to consume any alcohol while enrolled in the Army Substance Abuse Program (070909); the punishment consisted of reduction to E-3, extra duty for 14 days and restriction for 14 days.

5.  The record contains a Military Police Report, dated 18 March 2008, for driving drunk.

6.  There are 2 negative counseling statements that were done on 14 March 2008 and 17 April 2008, for driving while drunk and a subsequent alcohol related incident.
 
EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant provided a DD Form 293, dated 29 May 2012; Enlisted Record Brief (ERB), dated 2 May 2008; Discharge Orders 126-0012, dated 5 May 2008; and a DD Form 214, dated 
8 May 2008.

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 issue 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 a fully 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 contends he would like to fill out job applications, and say he has an honorable discharge, to get a better job.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.
  
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:  26 April 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)		AR20130000207



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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