IN THE CASE OF:  	

      BOARD DATE:  	26 June 2013

      CASE NUMBER:  	AR20130002464
___________________________________________________________________________

		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 general, under honorable conditions discharge to honorable. 

2.  The applicant states, in effect, that he is excelling in a new Career, and would like to take advantage of the on the job training through the VA.  He is working towards his Air Frame and Power Plant, along with his Pilot Certificate through the FAA.  He would like to have an Honorable Discharge on his DD Form to show his moral character.  He went AWOL from his unit after finding out that his wife had an affair with some guys in his platoon and his SGT.  He is asking for an upgrade to his discharge so he can pursue his new career and take advantage of benefits, and education benefits that the VA has to offer.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		28 January 2013			
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			23 October 2012	
d. Reason/Authority/SPD/RE Code:	Misconduct, Serious Offense, AR 635-200     								Chapter 14-12c, JKQ, RE-3	
e. Unit of assignment:			C Company, 1st Battalion, 15th Infantry, 3rd Armored 						Brigade Combat Team (Rear) (Provisional), 3rd 						Infantry Division, Fort Benning, GA			
f. Current Enlistment Date/Term:	13 July 2010, 3 years, 17 weeks
g. Current Enlistment Service:	2 years, 1 month, 7 days
h. Total Service:			2 years, 1 month, 7 days
i. Time Lost:				65 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	19K10, M1 Armor Crewman
m. GT Score:				89
n. Education:				HS Graduate
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 13 July 2010, for a period of 3 years and 17 weeks.  He was 18 years old at the time of entry, a high school graduate, and completed 2   years, 1 month, and 7 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 13 September 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 being absent without leave from (120418 - 120621).

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

3.  On 25 September 2012, 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 28 September 2012, the separation authority approved and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 23 October 2012, under Army Regulation 635-200, Chapter 14-12c, with a general, under honorable conditions discharge, a SPD code of JKQ, and a RE code of 3.  

6.  The applicant's record shows he was absent without leave (AWOL) during the period of    18 April 2012 through 18 May 2012.  The applicant’s DD Form 214 reflects a longer period of lost time from 18 April 2012 through 21 June 2012, which is supported by the DA Form 4187 (Personnel Action Sheet) and the DD Form 616 (Report of Return of Absentee) for a total of 64 days.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Six negative counseling statements dated between 21 June 2012 and 27 August 2012, for failure to report, AWOL, a check in plan, and a referral to a mental health evaluation.
      
2.  A Charge Sheet dated 18 May 2012, for a period of AWOL.

3.  A DA Form 4187 (Personnel Action Sheet) dated 18 April 2012.

4. A DD Form 616 (Report of Return of Absentee) dated 21 June 2012.


EVIDENCE SUBMITTED BY THE APPLICANT:

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

POST-SERVICE ACTIVITY: 

The applicant states he is pursuing a new career.

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 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 his misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by a period of AWOL and multiple negative counseling statements.

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 having family issues that affected his behavior and ultimately caused him to be discharged.  However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review.  

5.  The applicant has expressed his desire to have better job opportunities and utilize the benefits of the GI Bill.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  Further, 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.

6.  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: 26 June 2013           Location: Washington, DC

Did the Applicant Testify?  No 		  

Counsel:  No



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)		AR20130002464



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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