IN THE CASE OF:  	

      BOARD DATE:  	31 May 2013

      CASE NUMBER:  	AR20130001104
___________________________________________________________________________

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.  The applicant states, in effect, he would like an upgrade of his discharge for the purpose of being able to utilize his GI Bill benefits for education and to reenter the military.  He contends he is returning to college to pursue his associates in Applied Science/Mechanical Engineering.  He is working minimal jobs to provide for himself and his family but he wants to do more.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			4 January 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				2 February 2000
d. Reason/Authority/SPD/RE Code:		Misconduct, AR 635-200, 14-12b, JKA, RE-3
e. Unit of assignment:				B Btry, 2d Bn, 319th Abn FA Regt, 82d Abn 							Div, Fort Bragg, NC
f. Current Enlistment Date/Term:		23 April 1998, 3 years
g. Current Enlistment Service:		1 year, 9 months, 10 days
h. Total Service:				1 year, 9 months, 10 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		13B1P, Cannon Crewmember
m. GT Score:					85
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			ASR
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 23 April 1998 for 3 years.  He was 18 years old at the time of entry and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 13B1P, Cannon Crewmember.  His record documents no acts of valor or significant achievements.  He completed 1 year, 9 months, and 10 days of total active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 22 December 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct.  Specifically for the following offenses:

a. receiving a company grade Article 15 (981203) for failure to report
b. receiving a company grade Article 15 (990921) for failure to report
c. receiving a field grade Article 15 (991206) for use of marijuana and giving a false official statement

2.  Based on the above misconduct, the unit commander recommended an under other than honorable conditions discharge.

3.  On 28 December 1999, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than general, under honorable conditions 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 the separation with an other than honorable conditions discharge.  

4.  On 11 January 2000, 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 from the Army on 2 February 2000, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for pattern of misconduct, with a Separation Program Designator code (SPD) of JKA and a RE code of 3. 

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 3 December 1998, for failure to go at the time prescribed to his appointed place of duty x 2 (981018 and 981128) and dereliction in the performance of his duties (981128).  The punishment consisted of forfeiture of $2169.00 pay per month for one month, extra duty for 14 days, and restriction for 14 days (CG). 

2.  Article 15, dated 21 September 1999, for failure to go at the time prescribed to his appointed place of duty (990827).  The punishment consisted of reduction to the grade of E-2, extra duty for 14 days, and restriction for 14 days (CG). 

3.  Article 15, dated 6 December 1999, for making a false sworn statement (990927) and wrongful use of marijuana between (990731 and 990831).  The punishment consisted of reduction to the grade of E-1, forfeiture of $479.00 per month for two months, extra duty for    45 days, and restriction for 45 days (FG). 

4.  Seven negative counseling statements dated between 18 October 1998 and 10 September 1999, for issues concerning failure to be at his appointed place of duty, the wear of the uniform, disrespect for authority, and disobeying a lawful order. 
      
EVIDENCE SUBMITTED BY THE APPLICANT:

A self-authored statement, two letters of support, and a copy of his resume. 

POST-SERVICE ACTIVITY: 

The applicant indicated his intentions to return to college in January 2013.  

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 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 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 pattern of misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by 3 Articles 15 for multiple violations of the Uniform Code of Military Justice and several negative counseling statements.

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 has expressed his desire to rejoin the Service and the ability to use his GI Bill benefits to further his education.  However, he was appropriately assigned a reentry code of 3.  A RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 

5.  The applicant further contents his desire to use his GI Bill benefits to further his education.  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.  Additionally, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

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:   31 May 2013         Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None



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)		AR20130001104



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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