IN THE CASE OF:  	Mr. 

      BOARD DATE:  	3 June 2013

      CASE NUMBER:  	AR20130002062
___________________________________________________________________________

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 from general, under honorable conditions to honorable and a change of the narrative reason for separation to include the reentry eligibility (RE) code to 1.

2.  The applicant states, in effect, he desires to reenlist in the Army and serve his country again.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		25 January 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			16 April 2010
d. Reason/Authority/SPD/RE Code:	Misconduct , AR 635-200, 14-12b, JKA, RE-3
e. Unit of assignment:			HHC, 1st Special Troops Battalion, 1st Bde Combat 						Team, Fort Campbell, KY
f. Current Enlistment Date/Term:	16 July 2008, 4 years, 20 years
g. Current Enlistment Service:	1 year, 8 months, 27 days
h. Total Service:			1 year, 8 months, 27 days				
i. Time Lost:				4 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	42A10, Human Resources Specialist 
m. GT Score:				89
n. Education:				GED Certificate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, ASR
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 16 July 2008, for a period of 4 years, 20 weeks.  He was 18 years old at the time of entry with a GED certificate.  He was trained in and awarded military occupational specialty (MOS) 42A10, Human Resources Specialist.  He was serving at Fort Campbell, KY, when his discharge was initiated.  The record does not contain any evidence of acts of valor or meritorious achievements.  






SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 12 March 2010, 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 a pattern of misconduct for the following offenses:

     a.  multiple instances of failing to report

     b.  disobeying noncommissioned officers

     c.  disrespecting noncommissioned officers

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised of his rights.

3.  On 25 March 2010, the applicant consulted with 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 submitted 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 16 April 2010, 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 shows that he had lost time during the period 13 February 2010 through 16 February 2010 for AWOL.  

6.  The applicant was discharged from the Army on 16 April 2010, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, a Separation Program Designator code (SPD) of JKA and an RE code of 3.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  An Article 15, dated 23 February 2010, for disobeying a lawful order from SGT S x 3 (100120, 100121, 100126); the punishment consisted of reduction to E-1, forfeiture of $723 pay, extra duty for 45 days and restriction for 45 days (suspended), (FG).

2.  An Article 15, dated 27 October 2009, for without authority, failing to go at the time prescribed to his appointed place of duty, x 2 (090514, 090924); the punishment consisted of reduction to E-2, forfeiture of $366 pay (suspended), extra duty for 14 days and restriction for 14 days (suspended), (FG).

3.  There are twenty-eight negative/performance counseling statements dated between         25 June 2009 and 23 February 2010, for destroying private property, failing to keep leadership informed, failing to report numerous times, being late for detail, disobeying a lawful order, driving with a suspended license on multiple occasions, disrespecting and disobeying NCOs, initial counseling, failing to maintain finances, disobeying orders and disrespect on numerous occasions, being recommended for discharge, lying to an NCO, failing to support his family, leaving PT, returning from lunch late, and leaving his place of duty.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293; Applicant’s Statement; and three Character Statements.

POST-SERVICE ACTIVITY: 

The applicant did not provide any.

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, patter 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 his military record, the issues 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 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 2 Articles 15 for multiple violations of 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 requested a change to narrative reason for separation to include the reentry eligibility (RE) code and he desires to reenlist in the Army.  However, 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, paragraph 14-12b, for a pattern of misconduct.  The regulation further stipulates that no deviation is authorized.  

5.  Further, 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.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.

6.  Furthermore, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  There are no basis upon which to grant a change to the reason or to the RE code.  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. 

7.  Therefore, the reason for discharge, the characterization of service to include the reentry eligibility (RE) code being both proper and equitable, recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Record Review      Date:  3 June 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)		AR20130002062



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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