IN THE CASE OF:  	Mr. 

      BOARD DATE:  	21 June 2013

      CASE NUMBER:  	AR20130002064
___________________________________________________________________________

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 characterization of service was too harsh based on the overall length and quality of the applicant's service, to include his combat service, and as a result it is inequitable.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable.  The Board determined the reason for discharge was both proper and equitable and voted not to change it.    




      
      
      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 to upgrade his characterization of service from general, under honorable conditions to fully honorable.

2.  The applicant states, in effect, that he served four years and two months of his five-year enlistment with honor.  The incident that led to his discharge was his first offense of any kind.  His commander and first sergeant wanted his separation to be an honorable discharge as explained in the letters he attached.
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	28 January 2013
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	16 December 2011
	d.	Reason/Authority/SPD/RE Code:	Misconduct (Serious Offense), AR 635-200, 
			Paragraph 14-12c, JKQ, RE-3
	e.	Unit of assignment:	B Co, 3rd Bn, 15th IN Rgmt, 4th IN BCT, 3rd ID, 
			Fort Stewart, GA
	f.	Current Enlistment Date/Term:	12 June 2007, 5 years, 16 weeks
	g.	Current Enlistment Service:	4 years, 6 months, 5 days
	h.	Total Service:	4 years, 6 months, 5 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	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:	Iraq x 2 (080111-081210), (100712-110621)
	q.	Decorations/Awards:	ARCOM-2; AGCM; NDSM; ICM-4CS; GWOTSM; 
			ASR; OSR-2; CIB 
	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 12 June 2007 for a period of 5 years and 16 weeks.  He was 18 years old at the time of entry and a high school graduate.  He served two combat tours in Iraq.  He earned two ARCOM awards, a AGCM, ICM-4CS, CIB.  He completed 4 years, 6 months, and 5 days of active duty service.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 23 November 2011, 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 misconduct (serious offense).  Specifically, the misconduct involved smoking and possession of Spice.

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

3.  On 30 November 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit 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 7 December 2011, 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 was discharged from the Army on 16 December 2011, 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 an RE code of 3. 

6.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There is a urinalysis report, dated 1 September 2011, contained in the record, which shows a negative result, and coded PO, Probable Cause and collected on 25 August 2011. 

2.  A negative counseling statement, dated 11 October 2011, for smoking and possessing Spice.

3.  A CID preliminary report, dated 16 November 2011, that indicates the applicant was the subject of an investigation for failing to obey a general order for possession of Spice. 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided two letters endorsing the support of upgrading his discharge to an honorable discharge from his first sergeant and company commander, dated 14 and 15 December 2011, respectively.



POST-SERVICE ACTIVITY: 

The applicant provided none.

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.  

2.  After examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to an honorable characterization of service for the following reasons:  

	a.  Length and quality of service:  The applicant served 4 years and 6 months of a 5-year, 16 weeks enlistment, thus the preponderance of his service was honorable.

	b.  The record confirms the applicant received several awards, specifically two ARCOM awards, a AGCM, ICM with four campaign stars, and a CIB.  

	c. The applicant’s supporting letters from his first sergeant and company commander are dated, 14 and 15 December 2011, a day or two prior to his separation date of 16 December 2011.  Both supporting letters lauded his performance and indicated that the disciplinary infraction mandated the separation proceedings, as well as, an impending employment caused to expedite his separation proceedings.  They collectively support an upgrade to an honorable characterization of service, because the applicant accepted full responsibility for his actions and the consequences, shared his knowledge through classes and personal example, maintained positive attitude and work ethics, and continued to demonstrate as a reliable Soldier, despite the setback. 

3.  This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result inequitable. 

4.  The applicant contends the incident that caused his discharge was the only one in his entire Army career.  

5.  In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant full relief in the form of an upgrade of the characterization of service to an honorable discharge.  However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable.
























SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: 	Records Review	    Date: 21 June 2013         Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel:  			None

Witnesses/Observers:  	NA 

Board Vote:
Character Change:  2	No Change:  3
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)		AR20130002064



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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