IN THE CASE OF:  	

      BOARD DATE:  	10 May 2013

      CASE NUMBER:  	AR20130000761
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and notwithstanding 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 general, under honorable conditions discharge to honorable.

2.  The applicant states, in effect, that he would like to attend school and be able to utilize his Post-911 GI Bill.  He was stationed at Fort Irwin where the workload was very overwhelming.  He wanted to PCS and was given orders on three occasions; however, all of his PCS orders were cancelled.  He reenlisted on 19 October 2009 and had high hopes of leaving Fort Irwin and continuing his career.  In order to PCS he changed his MOS to the Information Technology career field and was sent to Fort Gordon for training.  He returned to a completely different chain of command.  When he returned he failed a weight and height tape measure by 1% and was immediately told he was going to be chaptered out.  He was never out of shape, although he had technical trouble with the tape measurement.  Two months later his pay was stopped because finance showed him as AWOL; because, Fort Irwin thought he had PCS’d to Korea and Korea showed him as a no-show.  He also found out that the initial chapter paper work he was threatened with was never initiated.  He took his case to the higher ups and that is when things really got out of hand.  The only thing he wanted to do was to leave Fort Irwin and continue his career.  He was never allowed to do PT or work his way off the weight program so he could PCS.  He was not a bad Soldier and would like the opportunity to improve his life and use the benefits he earned. 
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		8 January 2013	
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			5 July 2012	
d. Reason/Authority/SPD/RE Code:	Misconduct (Serious Offense), AR 635-200    								Chapter 14-12c, JKQ, RE-3	
e. Unit of assignment:			Supply and Transportation Troop, Regimental 							Support Squadron, 11th Armored Cavalry Regiment 						Fort Irwin, CA			
f. Current Enlistment Date/Term:	19 October 2009, 5 years					
g. Current Enlistment Service:	2 years, 10 months, 24 days
h. Total Service:			3 years, 10 months, 17 days 
i. Time Lost:				None
j. Previous Discharges:		RA (080811 – 091018), HD
k. Highest Grade Achieved:		E-4 
l. Military Occupational Specialty:	25B10, IT Specialist
m. GT Score:				105
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		AAM, AGCM, NDSM, GWOTSM, NPDR, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes
t. Counseling Statements:		Yes
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant reenlisted in the Regular Army on 19 October 2009, for a period of 5 years.  He was 20 years old at the time of entry and a high school graduate.  He earned an AAM and an AGCM, and completed a total 3 years, 10 months, and 17 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 23 May 2012, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c, Commission of a Serious Offense.          . Specifically for:

	a. disobeying a noncommissioned officer (120212)
	b. failing to report to his appointed place of duty three times (120309), (120310), and
           (120311)
	c. disobeyed a noncommissioned officer (120310)
	d. wrongfully communicated a threat to kill everyone in his chain of command (120312)

2.  Based on the above misconduct, the commander recommended a general, under honorable conditions discharge.

3.  On 29 May 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in 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 17 June 2012, the separation authority approved and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 5 July 2012, under Army Regulation 635-200, Chapter   14-12c, with a general, under honorable conditions discharge, a 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.  Article 15, dated 17 March 2012, without authority, failed to go at the time prescribed to his appointed place of duty (120310) and (120311).  The punishment consisted of reduction to the grade of E-3, forfeiture of $462 pay, 14 days of extra duty and an oral reprimand (CG). 

2.  The applicant’s separation file contains four counseling statements.  A negative counseling statement dated 13 February 2012, for failure to follow a lawful order and insubordinate conduct towards a noncommissioned officer.  Three negative counseling statements dated between 10 March 2012 and 11 March 2012, for failure to follow a lawful order, AWOL, and failure to report.

3.  DD Form 1059, Service School Academic Evaluation Report, dated 21 April 2010, indicates the applicant prepared well for lessons and discussions and made sound decisions while assigned to leadership positions, the applicant’s demonstrated abilities were satisfactory. 
      
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, 3 professional letters of recommendation from prior military supervisors and co-workers, an Army Good Conduct Medal Certificate, and a                DD Form 214. 

POST-SERVICE ACTIVITY: 

None provided by the applicant.  

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.  

2.  After examining the applicant’s record of service, his available military records, the documents and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to honorable for the following reasons:  

	a. Length and quality of service:  The applicant served a total of 3 years, 9 moths and 17 days, completed a prior period of honorable service and reenlisted for a 5-year term.  The applicant’s misconduct appears to have occurred within a two week period of time; thus the preponderance of his service was honorable.  

	b. The record confirms the applicant received an AAM, and an AGCM.

	c. The applicant satisfactorily completed the Warrior Leader Course 21 April 2010.

	d. The applicant provided 3 letters of recommendation attesting to the applicant’s honorable service from prior military co-workers and military supervisors.  

3.  This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result inequitable. 

4.  In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant full relief in the form of an upgrade of the characterization of service to honorable.  However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review 	  Date:  10 May 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:		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	UOTHC - Under Other Than                           			               Honorable Conditions




ADRB Case Report and Directive (cont)		AR20130000761



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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