IN THE CASE OF:  	Mr.

      BOARD DATE:  	10 July 2013

      CASE NUMBER:  	AR20130002461
___________________________________________________________________________

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

2.  The applicant states, in effect, that he was very young at the time of discharge.  He has matured since.  He wishes he could turn back to that time and redo his enlistment in the military.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	1 February 2013
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	26 August 1998
	d.	Reason/Authority/SPD/RE Code:	Misconduct, AR 635-200, Paragraph 14-12b, JKA 
			RE-3
	e.	Unit of assignment:	HHD, 180th Transportation Battalion, 64th Corps 
			Support Group, 13th COSCOM, Fort Hood, TX
	f.	Current Enlistment Date/Term:	15 August 1996, 4 years
	g.	Current Enlistment Service:	1 year, 10 months, 7 days
	h.	Total Service:	1 year, 10 months, 7 days
	i.	Time Lost:	65 days
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-2
	l.	Military Occupational Specialty:	31U10, Signal Support Systems Specialist
	m.	GT Score:	95
	n.	Education:	HS Graduate
	o.	Overseas Service:	None
	p.	Combat Service:	None
	q.	Decorations/Awards:	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 15 August 1996, for a period of 4 years.  He was 18 years old at the time of entry and a high school graduate.  His record documents no acts of valor or significant achievement.  He completed 1 year, 10 months, and 7 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 14 July 1998, 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 pattern of misconduct.  Specifically for the following reasons:  

a. receiving a summarized Article 15 for failure to repair (970919)
b. receiving a FG Article 15 for wrongful use of marijuana (971118)
c. being arrested by civil authorities for possession of cocaine (980513)
d. receiving a CG Article 15 for three failure to repair incidents
e. being identified as an alcohol and drug rehab failure
f. having a pattern of indebtedness
g. receiving variety of negative counseling for missing formations to underage drinking

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

3.  On 14 July 1998, 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 29 July 1998, 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 26 August 1998, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for pattern of misconduct, a Separation Program Designator code (SPD) of JKA and a RE code of 3. 

6.  The applicant’s record of service indicates 65 days of time lost due to his civil confinement from 18 June 1998 until 21 August 1998, according to the civilian police report the applicant’s arrest on 18 June 1998, was for possession of cocaine (further information on this confinement is NIF).  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There is a positive urinalysis report contained in the record:  Coded as US (IU, Inspection Unit), 15 September 1997, marijuana.

2.  Article 15, dated 7 July 1998, missing formation on 3 occasions (980601, 980603, 980614).  The punishment consisted of reduction to E-1 (suspended), oral reprimand, (CG).

3.  Article 15, dated 18 November 1997, for wrongfully using marijuana (970915).  The punishment consisted of reduction to E-1, forfeiture of $202 per month for two months, 45 days of extra duty, (FG).

4.  Article 15, dated 19 September 1997, missing formation on 2 occasions (970911, 970902).  The punishment consisted of 14 days of extra duty and restriction, oral reprimand, (CG). 

5.  Thirteen negative counseling statements dated between 21 July 1997 and 19 June 1998, for failing to report for duty; using a phone calling card that did not belong to him; letter of indebtedness; underage drinking; missing formations; positive urinalysis; bar to reenlistment; domestic violence; and notification of separation proceedings.

6.  A memorandum, dated 29 June 1998, indicating the unit commander in consultation with ADAPCP staff declared the applicant a rehabilitation failure in the Alcohol and Drug Rehabilitation Program.  He was enrolled on 12 January 1998 for cannabis abuse.

7.  Civilian police reports, dated 13 May 1998 and 18 June 1998, indicate the applicant was arrested for assault with injury and possession of cocaine, respectively. 

8.  A memorandum, dated 2 June 1998, shows recommendations of a case review committee regarding the applicant involvement in two alleged spouse abuse incidents on 8 April 1998 and 13 May 1998.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided no additional evidence.

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.  However, after examining the applicant’s record of service, his military records and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The record confirms 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 and by violating the Army's policy not to possess or use illegal drugs, the applicant compromised the trust and confidence placed in a Soldier and diminished the quality his service below that meriting a fully honorable discharge.  Moreover, the applicant, as a Soldier, had the duty to support and abide by the Army's drug policies.  The applicant’s record of service was marred by 3 Articles 15 for multiple violations of the Uniform Code of Military Justice, numerous negative counseling statements, and adverse reports of his conduct with civil authorities.

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 that he was young and immature at the time of the discharge.  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.

5.  The applicant desires to rejoin the Military Service, and “redo his time in the military.”  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  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.

6.  The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The character of the applicant’s discharge is commensurate with his overall service record.  Accordingly, the records show the proper discharge and separation authority procedures were followed in this case.  

7.  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:  10 July 2013       Location:  Washington, DC

Did the Applicant Testify?  NA 

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)		AR20130002461



Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1