IN THE CASE OF:  	

      BOARD DATE:  	12 June 2013

      CASE NUMBER:  	AR20130001138
___________________________________________________________________________

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 feels the circumstances surrounding his discharge (i.e., death of his two friends and marital problems) were based on the emotional stress he was under at the time.  He began drinking to deal with the emotional problems he was experiencing.  His unit was disbanded upon redeployment and he did not receive a proper post deployment briefing.  He feels if he had received proper medication and support at the time he would not have started drinking.  He has been alcohol free for two years and is getting his life in order.  He would like to use his GI Bill to attend college.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		14 January 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			28 July 2006
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200 							Chapter 14, paragraph 14-12c, JKQ, RE-3
e. Unit of assignment:			A Battery, 1-82nd Field Artillery, Fort Hood, TX
f. Current Enlistment Date/Term:	24 December 2004, 5 years
g. Current Enlistment Service:	1 year, 7 months, 5 days 
h. Total Service:			3 years, 8 months, 4 days
i. Lost time:				None
j. Previous Discharges:		RA-(021125-041223)/HD
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	13D10, Field Artillery Automation
m. GT Score:				102
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (040313-050314)
q. Decorations/Awards:		ARCOM, NDSM, GWOTEM, GWOTSM, ASR, OSR						CAB
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 25 November 2002, for a period of 3 years.  He was 19 years old at the time of entry and a high school graduate.  He reenlisted on 24 December 2004, for 5 years and he was 21 years old at the time.  He was trained in and awarded military occupational specialty (MOS) 13D10, Field Artillery Automation and achieved the rank of SPC/E-4.  His record also shows that he served a combat tour and earned several awards including an ARCOM, and a CAB.  He was serving at Fort Hood, TX, when his discharge was initiated.  

SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence contained in the applicant’s service record indicates that on 26 June 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense for being arrested twice for driving while intoxicated (040917, 060429).  

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 26 June 2006, the applicant waived legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board (although he was not entitled to a 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 intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  .

4.  On 18 July 2006, 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’s record does not contain any documented evidence of unauthorized absences, lost time or negative counseling statements.

6.  The applicant was discharged from the Army on 28 July 2006, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), a Separation Program Designator code (SPD) of JKQ and a RE code of 3. 

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A Company Grade Article 15, dated 19 September 2005, for being drunk and disorderly (050902); the punishment consisted of reduction to E-3 (suspended), extra duty for 14 days and restriction for 14 days.

2.  On 4 October 2005, the suspension of punishment of reduction to E-3 was vacated based on the following offense of driving while intoxicated (DWI) (050917).

3.  The record contains a General Officer Memorandum of Reprimand (GOMOR), dated         23 May 2006, for driving while intoxicated (administrative).




EVIDENCE SUBMITTED BY THE APPLICANT:  

The applicant provided a DD Form 293; Letter, Department of Veterans Affairs; Active Registrations, two pages; DD Form 214, Discharge Orders 209-0100; and Amended Discharge Orders 209-0127.

POST-SERVICE ACTIVITY:  

The applicant submitted a document which indicated he enrolled in an institution of higher learning.

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 issue 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 of his service below that meriting an honorable discharge.  The applicant’s record of service was marred by an Article 15 for multiple violations of the Uniform Code of Military Justice, a vacation of suspended punishment and a GOMOR.

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 he feels the circumstances surrounding his discharge (i.e., death of his two friends and marital problems) were based on the emotional stress he was under at the time.  The record of evidence does not demonstrate that he sought relief from his emotional stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  

5.  The applicant further contends he began drinking to deal with the emotional problems he was experiencing.  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.  The applicant also contends his unit was disbanded upon redeployment and he did not receive a proper post deployment briefing.  The applicant bears the burden of presenting substantial and credible evidence to support this contention.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention he did not receive a proper post deployment briefing.

7.  The applicant additionally contends he feels if he had received proper medication and support at the time he would not have started drinking; and he has been alcohol free for two years and is getting his life in order.  The rationale the applicant provided as the basis for what he believes was an unfair discharge is not supported by the evidence contained in the record and can only be viewed as speculative in nature.

8.  Further, the applicant is to be commended for his effort.  However, this contention is not a matter upon which the Army Discharge Review Board grants a change in the discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued.  

9.  The applicant would like to use his GI Bill to attend college.  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.

10.  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:    12 June 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 RE Code to:			No Change
Grade Restoration to:			NA
Change Authority for Separation:		No Change




















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)		AR20130001138



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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