IN THE CASE OF:  	Mr. 

      BOARD DATE:  	21 June 2013

      CASE NUMBER:  	AR20130002728
___________________________________________________________________________

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 to be 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 the characterization of his discharge from general, under honorable conditions to honorable.  

2.  The applicant states, in effect, that he has not been in any trouble since being discharged and wishes to continue a productive life.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		6 February 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			19 January 2012
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, 14-12c, 						JKQ, RE-3        
e. Unit of assignment:			571st Forward Support Co, Fort Sill, OK 
f. Enlistment Date/Term:		26 July 2007, 6 years
g. Current Enlistment Service:	4 years, 5 months, 24 days
h. Total Service:			4 years, 5 months, 24 days
i. Time Lost:				71 days
j. Previous Discharges:		None 
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	25B10, IT Specialist
m. GT Score:				108
n. Education:				GED
o. Overseas Service:			SWA, Korea
p. Combat Service:			Afghanistan (100704-110630)
q. Decorations/Awards:		AAM-3, AGCM, NDSM, ACM-2, GWOTSM, KDSM, 						ASR, OSR-2, NATO MDL, MUC
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 26 July 2007, for a period of 6 years.  He was 23 years old at the time of entry and had a high school equivalency (GED).  He served a combat tour in Afghanistan between 2010 and 2011.  At the time his discharge proceedings were initiated he was serving at Fort Sill, OK.  His record documents several awards including 3 AAMs and an AGCM.  
  

SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 15 December 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct-commission of a serious offense, specifically for being AWOL between      2 August 2011 and 11 October 2011.

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 December 2011, the applicant waived 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 with a general, under honorable conditions discharge.  

4.  On 5 January 2012, 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 on 19 January 2012, for misconduct (serious offense), under the provisions of AR 635-200, Chapter 14-12c, with an SPD code of JKQ and a RE code of 3.

6.  The service record contains a period of 71 days of lost time for AWOL (110802-111011), the applicant surrendered to military control.  This period of lost time is not reflected on the DD Form 214.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  Field Grade Article 15 issued on 16 November 2011, for AWOL (110802-111011).  The punishment consisted of reduction to the grade of E-1, forfeiture of $733.00 per month for two months (suspended), and 45 days of extra duty.

2.  The suspended sentence of forfeiture imposed on 16 November 2011, was vacated for a new offense of failure to report (111128).

3.  Two counseling statements dated 27 October 2011 and 5 December 2011, for being absent without leave and intent to initiate Chapter action for his discharge from the Army.

EVIDENCE SUBMITTED BY THE APPLICANT 

DD Form 214.

POST-SERVICE ACTIVITY: 

None provided 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 the applicant’s service record, the document, and the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The service 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 serious misconduct, the applicant diminished the quality his service below that meriting an honorable discharge.  The applicant’s record of service was marred by a Field Grade Article 15 for being AWOL for 71 days.

3.   The applicant contends he has not been in any trouble since his discharge from the Army and wishes to continue a productive life.  The applicant’s post-service accomplishments have been noted; however, in review of the applicant’s entire service record and the reason for the discharge, it appears that his accomplishment of staying out of trouble did not overcome the reason for discharge and characterization of service granted.

4.  The record contains a Report of Mental Status Evaluation dated 15 November 2011, which shows the applicant was screened for PTSD and TBI.  The staff psychiatrist determined the applicant had a possibly disqualifying condition that required further assessment.  The applicant was not psychiatrically cleared for a Chapter separation until his fitness for duty was determined.  However, the documentation for this further assessment is not contained in the available record.  This did not render his separation invalid or improper; however, this is an issue the Army Discharge Review Board must consider as a matter of equity when determining the applicant’s service characterization.   

5.  Therefore, based on the presumption of government regularity in the discharge process, the reason for discharge and the characterization of service appear both proper and equitable, thus 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?  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)		AR 20130002728

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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