IN THE CASE OF:  	Mr. 
	
      BOARD DATE:  	22 May 2013

      CASE NUMBER:  	AR20130001312
___________________________________________________________________________

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 general, under honorable conditions discharge to honorable, and change the narrative reason to Condition, Not a Disability, Chapter 5-17. 

2.  The applicant states, in effect, he was suffering from nightmares and nervousness from his experiences in Afghanistan; additionally, he was dealing with a pending divorce.  His unit transferred him and his new unit did not want to deal with a Soldier suffering from anxiety or post traumatic stress disorder (PTSD).
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		14 January 2013			
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			9 November 2010
d. Reason/Authority/SPD/RE Code:	Pattern of Misconduct, AR 635-200, Chapter 14-12b, 							JKA, RE-3	
e. Unit of assignment:			Company A, 1st Battalion, 5th Cavalry Regiment, 2d 						Brigade Combat Team, 1st Cavalry Division, Fort 						Hood, TX			
f. Current Enlistment Date/Term:	9 April 2009, 6 years
g. Current Enlistment Service:	1 year, 5 months, 26 days
h. Total Service:			3 years, 11 months, 18 days
i. Time Lost:				AWOL for a total of 34 days
j. Previous Discharges:		RA 061019 - 090408, HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	11B10, Infantryman
m. GT Score:				108
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Afghanistan (080630 - 090610)
q. Decorations/Awards:		AAM, NDSM, ACM-CS, GWOTSM, ASR, OSR, 							NATO MDL, VUM
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant re-enlisted in the Regular Army on 9 April 2009 for a period of 6 years.  The current enlistment contract is not contained in the available records; however, the applicant’s Integrated Web Services (IWS) Record indicates the applicant’s ETS as 1 October 2014.  He was 20 years old at the time of entry and a high school graduate.  He served in Afghanistan.  He earned an AAM and completed 3 years, 11months, and 18 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 18 October 2010, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14, Paragraph 14-12b, Pattern of Misconduct. Specifically for:

	a. failing to obey lawful orders from the chain of command
	b. failing to report to his appointed place of duty multiple times on divers occasions 		     (100225 - 100401) 
	c. failing to adhere to uniform, barracks, and personal hygiene standards.

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

3.  On 20 October 2010, 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 25 October 2010, the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 9 November 2010, under Army Regulation 635-200, Chapter 14-12b, with a general, under honorable conditions discharge, an SPD code of JKA, and an RE code of 3.               

6.  The applicant's record shows he was absent without leave (AWOL) for 34 days during the periods of 25 March 2008 through 1 April 2008 and 9 September 2010 through 4 October 2010.  The mode of return is not contained in the available record.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 11 March 2010, disobeyed a lawful order from a superior officer not to operate his motor vehicle without valid insurance (100219).  The punishment consisted of reduction to the grade of E-3,(suspended) to be automatically remitted if not vacated (100609), extra duty and restriction for 14 days (FG). 

2. Supplementary Action under Article 15, dated 30 March 2010, vacation of punishment imposed on 11 March 2010, for without authority failed to go at the time prescribed to his appointed place of duty.

      
3.  Twenty-four negative counseling statements that are dated between 11 February 2010 and 31 August 2010, which include, failing to report to duty on time (multiple times), failing to maintain finances, being late for work, wearing PT uniform improperly, lying to a commissioned officer, lying to a NCO, knowingly operating a motor vehicle without valid insurance (multiple times), leaving place of duty without permission and disobeying a lawful order.

4.  A MEDCOM Form 699-R, (Report of Mental Status Examination) dated 1 August 2010, indicates the applicant was screened for traumatic brain injury (TBI) and PTSD and did not meet the diagnostic criteria for the disorders.

EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided a DD Form 149 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.

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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, pattern of misconduct.

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an 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 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 an honorable discharge.  The applicant’s record of service was marred by numerous negative counseling statements and an Article 15 for violating the Uniform Code of Military Justice.

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 he was suffering from anxiety or PTSD. However, the service record indicates the applicant did not meet the criteria for a diagnosis of PTSD at the time and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  
 
5.  The applicant contends he was dealing with an impending divorce that affected his behavior and ultimately caused him to be discharged.  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 contends the narrative reason for the discharge should be ammended to Chapter 5-17.  However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12b, AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," and the separation code is "JKA."  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.  
7.  The records show the proper discharge and separation authority procedures were followed in this case.  

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:  22 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:	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)		AR20130001312



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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