IN THE CASE OF:  	

      BOARD DATE:  	31 May 2013

      CASE NUMBER:  	AR20130001972
___________________________________________________________________________

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 to receive his GI Bill from his first enlistment. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		28 January 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			12 June 2012
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense) , AR 635-200							Chapter 14-12c, JKQ, RE-3
e. Unit of assignment:			HHT, 5-7th Cavalry Regiment, Fort Stewart, GA
f. Current Enlistment Date/Term:	1 October 2008, 6 years
g. Current Enlistment Service:	3 years, 8 months, 12 days 
h. Total Service:			5 years, 7 months, 16 days
i. Lost time:				None
j. Previous Discharges:		RA-(061027-080930)/HD
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	68W10, Health Care Specialist
m. GT Score:				109
n. Education:				HS Graduate
o. Overseas Service:			Korea/Southwest Asia
p. Combat Service:			Iraq (091216-101204)
q. Decorations/Awards:		ARCOM, AAM, AGCM, NDSM, GWOTSM, KDSM 						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 27 October 2006, for a period of 2 years and 30 weeks.  He was 19 years old at the time of entry and a high school graduate.  He reenlisted on 1 October 2008, for 6 years and he was 21 years old at the time.  He was trained in and awarded military occupational specialty (MOS) 68W10, Health Care Specialist 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, AAM, and an AGCM.   He was serving at Fort Stewart, GA, when his discharge was initiated.  


SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence contained in the applicant’s service record indicates that on 25 April 2012, 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.  Specifically for the following offenses:  

     a.  failing to report to his appointed place of duty on multiple occasions

     b.  violating Command Policy by operating a motorcycle without completing a certified motorcycle training program

     c.  disobeying a lawful order from a commissioned officer

     d.  operating a motor vehicle while under the influence of alcohol (120301)

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 30 April 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action 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 May 2012, 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 or lost time.

6.  The applicant was discharged from the Army on 12 June 2012, 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 Field Grade Article 15, dated 12 March 2012, for willfully disobeying a lawful command from CPT JAR (120301); and disobeying a lawful order from MG RBA, by wrongfully operating a motorcycle without passing a certified motorcycle training program (120301); the punishment consisted of reduction to E-1, forfeiture of $745 pay (suspended), extra duty for 45 days and restriction for 45 days.

2.  The record contains a General Officer Memorandum of Reprimand (GOMOR), dated 10 March 2012, for driving while under the influence of alcohol, (administrative).
3.  The applicant received nine negative counseling statements that were completed between 6 June 2011 and 19 March 2012, for missing an appointment, failing to report on numerous occasions, failing to obey an order and failing to follow instructions.

EVIDENCE SUBMITTED BY THE APPLICANT:  

The applicant provided a DD Form 293; two Letters, two DD Form 214s, and Amended Discharge Orders 156-0004.

POST-SERVICE ACTIVITY:  

The applicant did not provide any with the application.

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 GOMOR and nine negative counseling statements.

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 would like to receive his GI Bill from his first enlistment. 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.

5.  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:  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)		AR20130001972



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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