IN THE CASE OF:  

      BOARD DATE:  	5 June 2013

      CASE NUMBER:  	AR20130002115
___________________________________________________________________________

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.

2.  The applicant states, in effect, he desires to receive VA benefits to attend school and become a productive member of society.  He experienced discrimination from employers for not having an honorable discharge.  He was 20 years old when he was discharged for underage drinking and did not understand the consequences of his actions. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		25 January 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			9 June 2011
d. Reason/Authority/SPD/RE Code:	Pattern of Misconduct , AR 635-200, 14-12b							JKA, RE-3
e. Unit of assignment:			557th Military Police Company, APO AP 
f. Current Enlistment Date/Term:	29 July 2009, 5 years
g. Current Enlistment Service:	1 year, 10 months, 11 days
h. Total Service:			1 year, 10 months, 11 days				
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	31B10, Military Police
m. GT Score:				116
n. Education:				HS Graduate
o. Overseas Service:			Korea
p. Combat Service:			None
q. Decorations/Awards:		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 29 July 2009, for a period of 5 years.  He was 19 years old at the time of entry and was a HS Graduate.  He was trained in and awarded military occupational specialty (MOS) 31B10, Military Police.  He was serving in Korea, when his discharge was initiated.  The record does not contain any evidence of acts of valor or meritorious achievements and he did not serve in combat.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 11 April 2011, 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.  consuming alcohol while under the legal drinking age x 2 (101102, 100405)

     b.  failing to be at his appointed place of duty on two occasions between (101201-110105) 

     c.  demonstrating insubordinate conduct towards a noncommissioned officer (101122)

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 15 April 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board (although he was not entitled to a board) 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 29 May 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’s service record does not contain any evidence of unauthorized absences or time lost.  

6.  The applicant was discharged from the Army on 9 June 2011, 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 a RE code of 3.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  An Article 15, dated 27 April 2010, for violating a lawful general order, by wrongfully consuming alcohol while under the age of 21 (100405); the punishment consisted of reduction to E-1, forfeiture of $337 pay x 1 month (suspended), extra duty for 14 days and restriction for 14 days (suspended), (CG).

2.  The record contains a CID Report of Investigation, dated 7 April 2010, that shows the applicant was under investigation for aggravated sexual assault and sodomy.

3.  There are 11 negative/performance counseling statements dated between 1 February 2010 through 27 January 2011, for underage drinking on several occasions, initial counseling, recommendation for Article 15, sexual assault, indecent acts, consideration for Chapter 9 discharge, failing to report on two occasions, Chapter 14 separation, and performance counseling several times. 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293; DD Form 214; and Discharge Orders 153-0002.

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 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 an Article 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 contends he experienced discrimination from employers for not having an honorable discharge.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

5.  The applicant also contends he was 20 years old when discharged for underage drinking and did not understand the consequences of his actions.  The record shows the applicant met entrance qualification standards to include age.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

6.  Further, the record shows that on 15 April 2011, the applicant consulted with legal counsel, who advised him about the impact of the discharge under consideration.  Just because he claims he did not understand the consequences of his actions does not exonerate or absolve him of his many incidents of misconduct that ultimately led to his discharge from the Army.    

7.  The applicant desires to receive VA Benefits to attend school and become a productive member of society.  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.

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:   5 June 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 Authority for Separation:		No Change
Change RE Code to:			No Change
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)		AR20130002115



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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