IN THE CASE OF:  	Mr.

      BOARD DATE:  	10 July 2013

      CASE NUMBER:  	AR20130002943
___________________________________________________________________________

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 characterization from general, under honorable conditions to fully honorable.

2.  The applicant states, in effect, that he was going through problems with his family and a relationship he was involved in.  He wanted to get out and take some time to get his head together.  Facing those problems, he didn’t think to take the correct steps in getting help to resolve them, thus he chose to act out in order to get out of the military.  Now he has a child on the way.  He needs to be able to get a good job.  He wants to be able to provide for his fiancé and soon to be child.  He also recently looked into enlisting into the National Guard and without an honorable discharge he cannot enlist.  He knows what he did was wrong and he has paid for it. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		4 February 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			12 June 2012
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14-12b 						JKA, RE-3
e. Unit of assignment:			Intelligence and Sustainment Company, 								Headquarters and Headquarters Battalion, 101st 						Airborne Division (Air Assault), Fort Campbell, KY
f. Current Enlistment Date/Term:	15 October 2010, 3 years
g. Current Enlistment Service:	1 year, 7 months, 27 days
h. Total Service:			3 years, 11 months, 1 day
i. Time Lost:				None
j. Previous Discharges:		RA (090701-101014), HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	35F10, Intelligence Analyst
m. GT Score:				114
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Iraq (091213-100821)
q. Decorations/Awards:		ARCOM, NDSM, ICM-w/CS, GWOTSM, ASR, CAB
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes	
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant's record shows he enlisted in the Regular Army on 1 July 2008 for a period of 3 years and 34 weeks.  He reenlisted on 15 October 2010 for a period of 3 years.  He was 20 years old at the time and a high school graduate.  The record shows he served a combat     tour in Iraq and earned several awards that included an ARCOM, NDSM, and the CAB.  When his discharge proceedings were initiated, he was serving at Fort Campbell, KY.

SEPARATION FACTS AND CIRCUMSTANCES

1.  On 27 April 2012, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of pattern of misconduct; specifically for:

	a.  failing to comply with the punishments imposed to him by Article 15.
	b.  Continuously late to formations. 
	c.  Lying to noncommissioned officers on several occasions. 
	d.  Conducting himself in a disrespectful manner toward commissioned and 	 		     noncommissioned officers. 
	e.  Failing to meet his financial obligations. 

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 3 May 2012, the applicant waived legal counsel, was advised of the impact of the discharge action, 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 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 22 May 2012, under the provisions of Army Regulation 635-200, Chapter 14-12b for a Pattern of Misconduct, with a general, under honorable conditions discharge, a SPD code of JKA and a RE code of 3.

6.  The applicant’s record does not show any time lost.

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 (UCMJ), as follows:

	a.  On 24 January 2012, for disrespecting a commissioned officer failing (111207); failing to report to his appointed place of duty at the prescribed time x 6 (111129, 111207, 111222, 111227, 111228, 111229).  The punishment imposed consisted of a reduction to the grade of E-2, forfeiture of $835.00 pay per month for two months, suspended, and extra duty and restriction for 45 days (FG).  

	b.  On 31 January 2012, the suspension of punishment of a forfeiture of $835.00 pay per month for two months was vacated for a new offense of failing to go to his appointed place at the prescribed time.  

2.  There are 11 negative counseling statements dated 9 January 2012 through 28 December 2012, for failing to go to his appointed place of duty at the prescribed time, failing to report to extra duty, failing to report to duty in the proper uniform, financial irresponsibility, not staying in the barracks, lying to a senior NCO, disobeying and failing to follow an order from a commissioned officer, and loss of SCIF badge.
   
EVIDENCE SUBMITTED BY THE APPLICANT 

A DD Form 293 and a DD Form 214.

POST-SERVICE ACTIVITY: 

None were 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 his military records and the issues submitted with the application, there are insufficient 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 repeated incidents of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s 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 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 join the National Guards and to have better job opportunities.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  In addition, 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.  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?  No

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)		AR20130002943



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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