IN THE CASE OF:  	

      BOARD DATE:  	21 June 2013

      CASE NUMBER:  	AR20130002535
___________________________________________________________________________

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, during his time on active duty, he was young and immature.  He is currently pursuing a college degree and would like to enlist into the Armed Forces again.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		28 January 2013
b. Discharge received:			General, under honorable conditions
c. Date of Discharge:			19 August 2009
d. Reason/Authority/SPD/RE:		Misconduct (Serous Offense), AR 635-200, paragraph 					14-12c, JKQ, RE-3
e. Unit of assignment:			104th Trans Co, Fort Benning, GA 
f. Current Enlistment Date/Term:  	15 April 2008/3 years, 18 weeks
g. Current Enlistment Service:  	1 year, 1 month, 8 days
h. Total Service:			1 year, 1 month, 8 days
i. Time Lost:				87 days 
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	8810, Motor Transport Operator 
m. GT Score:				100
n. Education:				GED
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 15 April 2008, for a period of 3 years and 18 weeks.  He was 17 years old at the time and a high school graduate.  The applicant served a little over one year and earned awards including an NDSM, GWOTSM, and an ASR.  At the time his discharge proceeding were initiated, he was serving at Fort Benning, GA.  

SEPARATION FACTS AND CIRCUMSTANCES

1.  On 27 July 2009, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct (Serious Offense); specifically for:

      a.  being AWOL two times (between 081030-081104 and 090109-090330)
      b.  disobeying a lawful order from a commissioned officer (110906)
      c.  failing to report to first formation for Sergeant's Time Training (081016) 
      d.  multiple occasions of failing to report for duty (FTR) 
      
2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and informed the applicant of his rights.

3.  On 28 July 2009, the applicant was afforded the opportunity to consult with legal counsel, was advised of the impact of the discharge action, and submitted 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 of a general, under honorable conditions discharge.  

4.  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 separated on 19 August 2009, under Army Regulation 635-200, Chapter 14-12c, for misconduct (Serious Offense), with a general, under honorable conditions discharge, a SPD code of JKQ and a RE code of 3.

6.  The applicant’s record contains two periods of lost time for being AWOL (081030-081104) and (090109-090330), for a total of 87 days.  The applicant returned to his unit. 

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  The applicant's disciplinary record includes his acceptance of nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice on 14 July 2009, for multiple charges including four counts of failing to go (FTG), (090610, 090611, 090616, and 090622), and disrespect toward a NCO.  His punishment consisted of a reduction to E-2, forfeiture of $366.00 for one month, 14 days extra duty, and 14 days restriction (CG).

2.  Several negative counseling statements that indicate the applicant was being counseled for being AWOL, failures to report, missing formation, and initiation of his separation from the Army.

EVIDENCE SUBMITTED BY THE APPLICANT 

An online application, dated 24 January 2013, and a copy of DD Form 214.  

POST-SERVICE ACTIVITY: 

Currently pursuing a college degree.  



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 records, the documents and issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  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 repeated incidents of serious misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge.  His service was marred by an Article 15 for multiple violations of the Uniform Code of Military Justice and several negative counseling statements.

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his 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 reenlist in the Army.  However, he was appropriately assigned a reentry code of 3.  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.  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:   21 June 2013	Location: Washington, DC

Did the Applicant Testify?  No

Counsel: None


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 RE Code to:		No Change
Grade Restoration to:		NA
Change Authority for Separation:	No Change
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)		AR20130002535



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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