IN THE CASE OF:  	Mr. 

      BOARD DATE:  	5 June 2013

      CASE NUMBER:  	AR20130000715
___________________________________________________________________________

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 from general, under honorable conditions to honorable.  

2.  The applicant states, in effect, that he would like to be able to apply for a state job.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		10 January 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			3 August 2011
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, 14-12c, 						JKQ, RE-3        
e. Unit of assignment:			Warrior Transition Unit, United States Army Medical 						Department Activity, Fort Polk, LA
f. Enlistment Date/Term:		16 September 2008, 6 years and 18 weeks 
g. Current Enlistment Service:	2 years, 10 months, 17 days
h. Total Service:			3 years, 09 month, 12 days
i. Time Lost:				None
j. Previous Discharges:		ARNG (051222-061116), UNC 
k. Highest Grade Achieved:		E-2	
l. Military Occupational Specialty:	11C10, Indirect Fire Infantryman
m. GT Score:				104
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:		Yes	
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the ARNG on 22 December 2005, and was discharged on 
16 November 2006, with an uncharacterized character of service.  He enlisted in the Regular Army on 16 September 2008.  When his discharge proceedings were initiated he was serving at Fort Polk, LA.  He did not have any significant achievements or meritorious awards.  

SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 24 May 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), specifically for:

	a.  receiving a Company Grade Article 15 for failing to be at his appointed place of duty at the time prescribed (110330). 
	b.  receiving a GOMOR for driving while intoxicated and for failing to produce a valid driver’s license (110210). 
	c.  failing to report to his appointed place of duty at the time prescribed (111003).
	d.  showing up to work with a blood alcohol content (BAC) of 0.0l8g/100 ml. 

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 24 May 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action and indicated he would 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 with a general, under honorable conditions discharge.  

4.  On 26 July 2011, 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 was discharged on 3 August 2011, for misconduct (serious offense), under the provisions of Chapter 14-12c, with an SPD code of JKQ and a RE code of 3.

6.  The applicant’s record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  Company Grade Article 15 imposed on 30 March 2011, for failing to report to his appointed place of duty at the prescribed time (110225).  His punishment consisted of reduction to the grade of E-1, suspended, a forfeiture of $733.00 pay per month for two months, suspended, and extra duty and restriction for 45 days.

2.  A GOMOR, dated 10 February 2011, for driving while intoxicated and for failing to produce a valid driver’s license (110208). 

3.  Four negative counseling’s dated between 3 November 2010 through 11 May 2011, for missing formation, DUI, and being drunk on duty.    

EVIDENCE SUBMITTED BY THE APPLICANT 

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

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 the applicant’s service record and the issue 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.  It brought discredit on the Army, and was prejudicial to good order and discipline.  By the misconduct, the applicant diminished the quality his service below that meriting a general or a fully honorable discharge.  

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 that an upgrade of his discharge will allow him to obtain better employment.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

5.  By regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct.  It appears the applicant’s generally good record of service was the basis for his receiving a general discharge instead of the normal UOTHC discharge.  His record was marred by a Field Grade Article 15 for failing to report to his appointed place of duty at the prescribed time (110225) and receiving a GOMOR (110210), for driving while intoxicated and failing to produce a valid driver’s license.

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:  Records Review	  Date:  5 June 2013	Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Witnesses/Observers: 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:	NA
Change RE Code to:		NA
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)		AR20130000715



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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