IN THE CASE OF:  	Mr 

      BOARD DATE:  	31 May 2013
      
      CASE NUMBER:  	AR20130001585
___________________________________________________________________________

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. 

2.  The applicant states, in effect, that he has been unable to reenlist due to the characterization of his discharge.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		22 January 2013			
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			27 May 2009	
d. Reason/Authority/SPD/RE Code:	Pattern of Misconduct, AR 635-200, Chapter 14-12b, 							JKA, RE-3	
e. Unit of assignment:			Alpha Company, 3rd Battalion, 7th Infantry Regiment, 						4th Brigade Combat Team, 3rd Infantry Division, Fort 						Stewart, GA			
f. Current Enlistment Date/Term:	11 February 2008, 5 years
g. Current Enlistment Service:	1 year, 3 months, 16 days
h. Total Service:			3 years, 0 months, 3 days
i. Time Lost:				None
j. Previous Discharges:		RA 060525-080210, HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	11B10, Infantryman
m. GT Score:				111
n. Education:				HS Graduate
o. Overseas Service:			SWA		
p. Combat Service:			Iraq (071027-081211)
q. Decorations/Awards:		AAM, NDSM, ICM-CS, ASR, OSR
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 Regular Army on 11 February 2008 for a period of 5 years.  He was 21 years old at the time of entry and a high school graduate.  He served in Iraq, earned an AAM and completed 3 years, 0 months, and 3 days of active duty service.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 5 May 2009, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14, Paragraph 14-12b, Patterns of Misconduct. Specifically for:

	a.  receiving a Field Grade Article 15 on (090305) for disobeying a general regulation,
	b.  receiving numerous counseling statement for UCMJ violations including failure to 	report, making false official statements, disrespecting non-commissioned officers, 	breaking restriction imposed under Article 15, dereliction of duty, failure to obey lawful 	orders and failure to maintain control of sensitive items while deployed
	
2.  Based on the above pattern of misconduct, the commander recommended a general, under honorable conditions discharge.

3.  On 5 May 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement on 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 12 May 2009, 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 27 May 2009, 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 does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 5 March 2009, failure to obey a lawful regulation by operating a motorcycle without being licensed, registered, or authorized to do so (081223).  The punishment consisted of reduction to the grade of E-1, forfeiture of $699 pay per month for two months, 45 days of extra duty and restriction, (FG). 

2.  Six negative counseling statements dated between 18 June 2008 and 24 March 2008, for failing to obey a lawful order or regulation (twice), breaking restriction, drinking and driving, pattern of misconduct while serving as a guard in the FOB, violation of DHA SOP/Safety Rules, dereliction of duty, not showing up to work on time, conduct unbecoming of a junior non-commissioned officer on 2 different occasions.

      

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 293, preseparation counseling checklist, record of emergency data, service member’s group life insurance election and certificate, ERB, and a DD Form 214

POST-SERVICE ACTIVITY: 

None were 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.  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 multiple 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 is unable to reenlist into the armed forces.  Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on AR 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  An 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 records show the proper discharge and separation authority procedures were followed in this case.  

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

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)		AR20130001585



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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