IN THE CASE OF:  	

      BOARD DATE:  	15 July 2013

      CASE NUMBER:  	AR20130000478
___________________________________________________________________________

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 his under other than honorable conditions discharge upgraded to general, under honorable conditions or to fully honorable and the reason for the discharge also changed.

2.  The applicant states, in effect, that he initially enlisted for 3 years and actually served for 5 years, thus fulfilling his initial term in its entirety.  He had a pre-existing bipolar condition and was greatly exasperated following traumatization as a result of his condition.  He was forced to sign documents and neglect his healthcare needs in lieu of remaining in the service for another 3 years which he would not have agreed to unless his medical issues were resolved.  His disability warrants a higher education and he is unable to afford it, he feels the GI Bill would make his goals possible.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			7 January 2013	
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				12 April 2007
d. Reason/Authority/SPD/RE Code:		Misconduct (Serious Offense),              								AR 635-200, 14-12c, JKQ, RE-3	
e. Unit of assignment:				A Battery, 1st Bn, 9th FA Rgt, Fort Stewart, GA	
f. Current Enlistment Date/Term:		24 July 2002, 3 years
g. Current Enlistment Service:		1 year, 1 month, 1 day
h. Total Service:				1 year, 1 month, 1 day
i. Time Lost:					1,325 days
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		13B10, Cannon Crewmember
m. GT Score:					95
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			NDSM, GWOTSM, ASR
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			No
u. Prior Board Review:				No
SUMMARY OF SERVICE:	
	
The applicant enlisted in the Regular Army on 24 July 2002 for a period of 3 years.  He was 19 years old at the time and was a high school graduate.  When his discharge proceedings were initiated he was serving at Fort Stewart, GA.  His record of service does not contain any significant achievements or meritorious awards.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 19 March 2007, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, paragraph 14-12c, specifically for the commission of the following serious offenses:

	a. AWOL from 3 December 2002 until 24 September 2003
	b. AWOL from 2 December 2003 until 20 December 2003
      c. AWOL from 24 December 2003 until 1 October 2006
      d. Convicted by a Summary Court-Martial of the above offenses for which he was 	punished to 21 days of confinement.
      
2.  Based on the above misconduct, unit the commander recommended an under other than honorable conditions discharge.

3.  On 20 March 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to appear before an administrative separation board 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 senior intermediate commanders reviewed the proposed action and recommended approval of the discharge with a characterization of service of under other than honorable conditions.  

4.  On 29 March 2007, the separation authority approved the unconditional waiver request, waived further rehabilitation, and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.  

5.  The applicant was separated on 12 April 2007, under Army Regulation 635-200, paragraph 14-12c, with an under other than honorable conditions discharge, an SPD code of JKQ, and an RE code of 3.  

6.  The applicant’s record contains documentation that indicates he had 1,325 days of time lost for being AWOL on 3 occasions as follows:  

      a. AWOL for 295 days (021203-030923), mode of return is unknown  
      b. AWOL for 18 days (031202-031219), mode of return is unknown
	c. AWOL for 1,012 days (031224-061002), apprehended

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The unit commander’s notification memorandum states the applicant was convicted by a summary court-martial on 22 February 2007 (NIF).  His punishment consisted of 21 days of confinement.


EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant provided 32 pages of medical documents and a denial letter from the Veterans Administration.  He also listed an enlistment and reenlistment contract as being provided for the Board’s review; however, they were not found in his submission.

POST-SERVICE ACTIVITY: 

Applicant has been diagnosed with a bi-polar condition and heroin addiction.

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, misconduct (serious offense).

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an 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 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.  The applicant's serious incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline.  His misconduct clearly diminished the quality of his service below that meriting a general or an honorable discharge. 

3.  The applicant contends that he enlisted for 3 years and actually served 5 years, thus fulfilling his initial term in its entirety.  He had a pre-existing bipolar condition and was greatly exasperated following traumatization as a result of his condition.  He was forced to sign documents and neglect his healthcare needs in lieu of remaining in the service for another 3 years which he would not have agreed to unless his medical issues were resolved.  He would like to receive the GI Bill to improve his education and attain his goals.  

4.  The service record shows the applicant enlisted in the Army on 24 July 2002 for a period of 3 years.  On 3 December 2002, he went AWOL for 295 days and upon returning for a short period of time he departed AWOL again, this time he was gone for over 33 months.  The record does not contain any reenlistment documents, thus the applicant’s contention about being forced to reenlist is without merit.  Army policy states that an under other than honorable conditions (UOTHC) discharge is normally considered appropriate for the commission of serious offenses.  The applicant was AWOL on 3 occasions for 1,325 days; thus the UOTHC discharge received by the applicant was normal and appropriate under the regulatory guidance.

5.  The applicant contends that medical issues (bi-polar and knee problem) contributed to his discharge from the Army.  However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition.  

6.  The applicant also contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

7.  The applicant was separated under the provisions of Chapter 14, paragraph 14-12c, 
AR 635-200, with an under other than honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," and the separation code is "JKQ."  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 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.  

8.  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:  15 July 2013           Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  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:		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	UOTH - Under Other Than                           			               Honorable Conditions

ADRB Case Report and Directive (cont)		AR20120019146

Page 2 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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