IN THE CASE OF:  	Mr.

      BOARD DATE:  	26 April 2013

      CASE NUMBER:  	AR20130000262
___________________________________________________________________________

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 because of his good service from 1991 to 1998, he should be considered for an upgrade to honorable.  The only black mark was in 1998 when his marriage fell apart when he had domestic issues resulting in his early separation.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		20 December 2012
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			14 July 1998
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, 							Chapter 14-12c, JKQ, RE-3
e. Unit of assignment:			B Co, 82nd Forward Support Bn, Fort Bragg, NC
f. Current Enlistment Date/Term:	24 June 1996, 3 years
g. Current Enlistment Service:	1 year, 11 months, 14 days 
h. Total Service:			7 years, 6 months, 17 days
i. Lost time:				37 days
j. Previous Discharges:		ARNG-(910507-910520)NA									ADT-(910121-911210)/HD										ARNG-(date NIF-960623)/NA
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	63W1P, Wheeled Vehicle Repairer
m. GT Score:				104
n. Education:				NIF
o. Overseas Service:			NIF
p. Combat Service:			No
q. Decorations/Awards:		ARCOM, NDSM, ASR, ARCOTR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		None
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Army National Guard on 7 May 1991, the period of service is not in the file; he was ordered to active duty for training on 21 May 1991 and released from active duty with an honorable discharge.  He was returned to his National Guard unit until discharge.  He enlisted in the Regular Army on 24 June 1996, for a period of 3 years.  He was 26 years old at the time of entry and education level is not in the file.  He was serving at Fort Bragg, NC, when his discharge was initiated.  His record does not show any combat service; however, he earned an ARCOM.  The record also does not show any overseas service, but it shows an ARCOTR.  He was trained in and awarded military occupational specialty (MOS) 63W1P, Wheeled Vehicle Repairer and achieved the rank of SPC/E-4.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The unit commander’s notification memorandum notifying the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 and  his election of rights are not contained in the available record and the analyst presumed government regularity in the discharge process. 

2.  However, the unit commander’s memorandum to Battalion Commander, contained in the applicant’s service record, indicates that on 25 June 1998, the unit commander recommended the applicant’s separation action under the provisions of Chapter 14, paragraph 14-12c,              AR 635-200, by reason of misconduct for the following offenses of; committing domestic violence and abusing his dependent between (9703-9707).
         
3.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge.

4.  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.  

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

6.  The applicant's record shows a period of lost time during the period 8 June 1998 through    14 July 1998, for 37 days.  The applicant‘s category of lost time could not be determined from the available records. 

7.  The applicant was discharged from the Army on 14 July 1998, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct, a Separation Program Designator code (SPD) of JKQ and an RE code of 3. 

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The record does not contain any negative counseling statement or actions under the Uniform Code of Military Justice.  

EVIDENCE SUBMITTED BY THE APPLICANT:  

The applicant provided a DD Form 293, dated 16 December 2012; and three (3) DD Forms 214s, dated 14 July1998, 10 December 1991, 14 July 1998. 


POST-SERVICE ACTIVITY: 

None were provided with the application.

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 contends that because of his good service from 1991 to 1998, he should be considered an upgrade to honorable.  The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to overcome the reason for discharge and characterization of service granted.

5.  The applicant raised the issue that he had domestic issues that resulted in his early discharge. 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.  

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: Record 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)		AR20130000262



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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