IN THE CASE OF:  	

      BOARD DATE:  	3 July 2013

      CASE NUMBER:  	AR20130002841
___________________________________________________________________________

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 did not request an upgrade of his discharge from general, under honorable conditions to honorable.

2.  The applicant states, in effect, the wrong chapter was placed on his file and he has never been counseled for any acts under Chapter 15.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		4 February 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			7 March 2008
d. Reason/Authority/SPD/RE Code:	Pattern of Misconduct , AR 635-200, Chapter 14 						paragraph14-12b, JKA, RE-3
e. Unit of assignment:			HHC, 3rd Chemical Brigade, Fort Leonard Wood, MO
f. Current Enlistment Date/Term:	22 June 2004, 4 years
g. Current Enlistment Service:	3 years, 8 months, 16 days
h. Total Service:			7 years, 9 months, 15 days				
i. Time Lost:				None
j. Previous Discharges:		RA (000523-040621)/HD
k. Highest Grade Achieved:		E-5
l. Military Occupational Specialty:	74D10, Chemical Operations Specialist
m. GT Score:				83
n. Education:				HS Graduate
o. Overseas Service:			Germany/Southwest Asia
p. Combat Service:			Iraq (040210-050307)
q. Decorations/Awards:		AGCM-2, NDSM, GWOTEM, GWOTSM, OSR 							ASR, OSR, MUC
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 23 May 2000, for a period of 4 years.  He was 19 years old at the time of entry and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 74D10, Chemical Operations Specialist.  He reenlisted on 22 June 2004, for 4 years and was 23 years old at the time.  His record also shows he served a combat tour and earned several awards including an AGCM-2.  He achieved the rank of SGT/E-5.  He was serving at Fort Leonard Wood, MO, when his discharge was initiated.




SEPARATION FACTS AND CIRCUMSTANCES:
1.  The evidence contained in the applicant’s service record indicates 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 of a pattern of misconduct.  Specifically for the following offenses:

     a.  failing to pay his debts and writing insufficient checks

     b.  failing to obey a lawful order by the commander to pay child support

     c.  failing to follow instructions

     d.  failing to report to his proper place of duty

     e.  pending civil charges for felony child abuse and issuing worthless checks

2.  Based on the above misconduct, the unit commander recommended an under other than honorable conditions discharge and advised the applicant of his rights.

3.  On 22 January 2008, 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 him receiving a characterization of service of no less favorable than general, under honorable conditions and did not submit 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 8 February 2008, 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’s service record does not contain any evidence of unauthorized absences or time lost.  

6.  The applicant was discharged from the Army on 7 March 2008, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, a Separation Program Designator code (SPD) of JKA and an RE code of 3.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  An Article 15, dated 26 December 2007 for uttering a worthless check in the amount $157.67 to American Eagle to pay a debt (070901); uttering a worthless check in the amount $317.1567 to Keller Rental to pay a debt (070823); willfully disobeyed a command from CPT W (071214); the punishment consisted of reduction to E-4, forfeiture of $1,031 pay x 2 months (suspended), extra duty for 45 days and restriction for 45 days (both suspended), (FG).
2.  He received four negative counseling statements dated, 19 September 2007, 20 November 2007, 18 December 2007 and 26 December 2007, for failing to maintain finances, failing to pay just debt, disobeying a lawful order, failing to report, failing to pay support, and recommended for separation.

3.  The record contains two NCOERs covering the periods of March 2004 through February 2006 and 1 March 2006 through 11 February 2007, which the applicant was rated “Fully Capable,” Successful/Superior.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149; a DD Form 214 and Discharge Orders 064-1306.

POST-SERVICE ACTIVITY: 

The applicant did not provide any 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 his military record, the issues and documents 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 the pattern of misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by an Article 15 and four 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 the wrong chapter was placed on his file and he has never been counseled for any acts under Chapter 15.  The record of evidence shows the applicant was 
notified of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of a pattern of misconduct.

5.  Further, the record also shows the applicant was counseled on 26 December 2007, for being recommended for separation under Chapter 14, pattern of misconduct.

6.  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:  3 July 2013        Location:  Washington, DC

Did the Applicant Testify:  No

Counsel:  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:		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)		AR20130002841



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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