IN THE CASE OF:  	

      BOARD DATE:  	31 July 2013

      CASE NUMBER:  	AR20130002950
___________________________________________________________________________

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 to upgrade his characterization of service from general, under honorable conditions to fully honorable. 

2.  The applicant states, in effect, that he was experiencing family and substance abuse problems.  However, his professional performance was outstanding and he excelled in his unit’s productivity.  He realized his problems.  It took two years to overcome being addicted to alcohol (from 2002 to 2004), as he has progressed as a positive American citizen.  He reenlisted in 2004 and spent six and one-half years in the National Guard.  He displays great leadership skills and military knowledge he acquired from his first tour of duty.  He conducts himself in a professional manner resulting in achieving numerous awards while serving overseas during OIF.  He is now attending college.  He plans to receive his Master’s degree and rejoin the Army as an officer.
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	8 February 2013
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	4 March 2002
	d.	Reason/Authority/SPD/RE Code:	Misconduct, AR 635-200, Paragraph 14-12b, JKA 
			RE-3
	e.	Unit of assignment:	HQ/A Btry, 3rd Bn, 6th ADA Bde, Fort Bliss, TX
	f.	Current Enlistment Date/Term:	21 August 2000, 3 years (according to ERB)
	g.	Current Enlistment Service:	1 year, 6 months, 14 days
	h.	Total Service:	1 year, 6 months, 14 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-3
	l.	Military Occupational Specialty:	92Y10, Unit Supply Specialist
	m.	GT Score:	98
	n.	Education:	14 years
	o.	Overseas Service:	None
	p.	Combat Service:	None
	q.	Decorations/Awards:	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 21 August 2000, for a period of three years according to his ERB.  He was 22 years old at the time of entry and a high school graduate.  His record documents no acts of valor or significant achievement.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 22 February 2002, 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 pattern of misconduct.  Specifically for the following offenses:  

a. receiving a FG Article 15 for 3 counts of failing to be at his appointed place of duty and for wrongful previous overindulgence in intoxicating liquor for the proper performance of duty (010802)
b. receiving a FG Article 15 for driving while intoxicated (011004)
c. receiving numerous counseling statements for misconduct that were prejudicial to good order and military discipline

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

3.  On 22 February 2002, 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 27 February 2002, 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 from the Army on 4 March 2002, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for pattern of misconduct, a Separation Program Designator code (SPD) of JKA and an RE code of 3. 

6.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 2 August 2001, failure to report on 3 occasions (010717, 010621, 010611), overindulgence of intoxicating liquor and incapacitated for proper performance of duties.  The punishment consisted of reduction to the grade of E-1, forfeiture of $300 per month for two months, 45 days of extra duty, (FG). 

2.  Article 15, dated 4 October 2001, operating a vehicle while drunk (010923).  The punishment consisted of forfeiture of $521 per month for two months, 45 days of extra duty and restriction, (FG).

3.  Seven negative counseling statements dated between 11 June 2001 and 18 December 2001, for drinking and driving, showing up to work late, missing formations, disobeying orders, and drunk on duty.

4.  A preliminary MP Report dated 23 September 2001, that indicates the applicant was the subject of an investigation for drunk driving. 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 214 for service under current review; NGB Form 22 and discharge certificate, dated 9 January 2011; AAM, dated June 2006; Warrior Leadership Course certificate, dated October 2006; DD Form 214, dated 13 February 2010. 

POST-SERVICE ACTIVITY: 

The applicant states he is currently in college working toward a Master’s degree, commendably served in the ARNG, and has abstained from alcohol addiction since his discharge in 2002.  

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, the documents 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 during his initial enlistment was not consistent with the Army standards for acceptable conduct and performance of duty by military personnel.  The applicant by violating the Army's policy not to abuse alcohol, compromised the special trust and confidence placed in a select Soldier.  The applicant, as a Soldier, had the duty to support and abide by the Army's alcohol abuse policies.  By the pattern of misconduct and abusing alcohol, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge.  It brought discredit on the Army, and was prejudicial to good order and discipline.  The applicant’s record of service was marred by 2 Articles 15 for multiple violations of the Uniform Code of Military Justice and numerous 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, although he abused alcohol, he had good service which included professional outstanding performance and excelling in his unit’s productivity.  The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct or by the multiple negative counseling statements and the documented actions under Article 15 of the Uniform Code of Military Justice.

5.  The applicant contends that since leaving the Army he has abstained from alcohol abuse, served in the Army National Guard over six years with commendable achievements and a combat tour, and is currently attending college to obtain a Master’s degree and rejoin the Army as an officer.  The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Furthermore, the applicant expressed a desire to rejoin the Service; however, 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.  The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   The character of the applicant’s discharge is commensurate with his overall service record.  Accordingly, 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:  31 July 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 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)		AR20130002950



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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