IN THE CASE OF:  	Mr. 

      BOARD DATE:  	26 June 2013

      CASE NUMBER:  	AR20130002394
___________________________________________________________________________

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 an upgrade of his general, under honorable conditions discharge to honorable.

2.  The applicant states, in effect, his separation from the service was due to a commission of a serious offense (DUI).  He feels as if an infraction of said offense should not determine the type of discharge one should receive when separating.  He honestly believes that his time served in the Army is well deserved of an honorable discharge.  His military background, along with his awards and decorations, should be more heavily weighted in this decision.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		29 January 2013	
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			13 April 2012	
d. Reason/Authority/SPD/RE Code:	Misconduct, Serious Offense, AR 635-200,      								Chapter 14-12c, JKQ, RE-3	
e. Unit of assignment:			4th Quartermaster Detachment (Airborne), 17th 						Combat Sustainment Support Battalion, Joint Base 						Elmendorf-Richardson, Alaska			
f. Current Enlistment Date/Term:	22 November 2009, 3 years (Current contract is NIF)
g. Current Enlistment Service:	2 years, 4 months, 22 days                      
h. Total Service:			6 years, 8 months, 16 days
i. Time Lost:				None
j. Previous Discharges:		RA 050728 - 071001, HD
					RA 071002 - 091121, HD
k. Highest Grade Achieved:		E-5
l. Military Occupational Specialty:	92R1P, Parachute Rigger
m. GT Score:				115
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Iraq (061002-071201), Afghanistan (090222-100217)
q. Decorations/Awards:		ARCOM-V, ARCOM, AAM-2, AGCM, NDSM,       							ICM-CS-2, ACM-CS-2, GWOTSM, NPDR, ASR, 								OSR, NATO MDL, CAB, MUC 
r. Administrative Separation Board:	No
s. Performance Ratings:		None
t. Counseling Statements:		Ye
u. Prior Board Review:			No


SUMMARY OF SERVICE:		
	
The applicant’s current enlistment contract is NIF.  However, his record indicates he completed two prior periods of honorable service from 28 July 2005 to 1 October 2007 and 2 October 2007 to 21 November 2009.  His record indicates he reenlisted in the Regular Army on 22 November 2009 for a period of 3 years.  He was 25 years old at the time of entry and a high school graduate.  He served in Iraq, and Afghanistan.  He earned an ARCOM-V, an ARCOM, two AAM’s, and an AGCM and completed 6 years, 8 months, and 16 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 12 March 2012, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c, Commission of a Serious Offense; specifically for physically controlling a vehicle while under the influence of alcohol on (120115).

2.  The unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.

3.  On 12 March 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement on his behalf. 

4.  On 12 March 2012, the unit commander subsequently recommended separation from the Army and indicated in a memorandum dated 2 February 2012, that the applicant was a rehabilitative transfer to his unit around October 2011, and recommended waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  

5.  The separation authority approved the conditional waiver request, waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

6.  The applicant was discharged from the Army on 13 April 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, commission of a serious offense, a Separation Program Designator code (SPD) of JKQ and an RE code of 3. 

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




EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A Civilian Police Department Report dated 15 January 2012, which indicates the applicant, was the subject of an investigation for driving while intoxicated. 

2.  A counseling statement dated 27 January 2012, chapter intent.

3.  A General Officer Memorandum of Reprimand dated 15 February 2012, for driving while intoxicated.

4.  A Military Police Report dated 18 June 2012, that indicates the applicant was the subject of a DUI investigation.

EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided an on-line application, and a DD Form 214.

POST-SERVICE ACTIVITY: 

None 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.  

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

	a. Length and quality of service:  The applicant served a total of 6 years, 8 months, and 16 days and had two prior periods of honorable service.  He had completed 2 years, 4 months, and 22 days of a three year enlistment, thus the preponderance of his service was honorable.

	b. The record confirms the applicant received several awards, specifically an ARCOM-V for valor in combat, an ARCOM, 2 AAM, and an AGCM.

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 his length of service and overall characterization of service was previously not given enough weighted consideration during the discharge process.  However, the analyst noted that the applicant submitted a contingency waiver for a general, under honorable conditions discharge at the time of his separation proceedings.   

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 honorable.  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:  26 June 2013       Location: Washington, DC

Did the Applicant Testify?  No 

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)		AR20130002394



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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