IN THE CASE OF:  	Mr. 

      BOARD DATE:  	12 July 2013

      CASE NUMBER:  	AR20130002954
___________________________________________________________________________

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, he was capable of continuing his duties and he feels the Army was not truthful and honest because they failed to take into consideration that he was going through a divorce at the time of his discharge.  He also felt there was some bias in the decision for his release from active duty.
 
DISCHARGE UNDER REVIEW INFORMATION:

Application Receipt Date:		8 February 2013
Discharge Received:		General, Under Honorable Conditions 
Date of Discharge:			26 July 2011
Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14-12b 						           JKA, RE-3
Unit of assignment:			B Co, 2d Bn, 23rd Inf Regt, 4th Stryker BCT, 2d Inf Div, Joint           					Base Lewis-McChord, WA 
Current Enlistment Date/Term:	22 February 2007, 5 years, 16 weeks
Current Enlistment Service:	4 years, 5 months, 5 days
Total Service:			4 years, 5 months, 5 days
Time Lost:				None
Previous Discharges:		None
Highest Grade Achieved:		E-4
Military Occupational Specialty:	11B10, Infantryman 
GT Score:				97
Education:				GED 
Overseas Service:			SWA
Combat Service:			Iraq (071101-080606), (090914-100831)
Decorations/Awards:		ARCOM, AGCM, NDSM, ICM-2, GWOTSM, ASR, OSR
Administrative Separation Board: 	No
Performance Ratings:		None
Counseling Statements:		Yes	
Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 22 February 2007 for a period of 5 years and 
16 weeks.  He was 24 years old at the time of entry and a high school graduate.  He served in Ft. Lewis WA, and served two combat tours in Iraq.  He earned an ARCOM, AGCM, and completed 4 years, 5 months, and 5 days of active duty service.




SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 14 June 2011, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, paragraph 14-12b, by reason of pattern of misconduct; specifically for:  

	a.  Failure to go at the time prescribed to his appointed place of duty.
	b.  Dereliction of duty.
	c.  Disobeying a lawful order of an officer on two occasions

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 20 June 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in 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 24 June 2011, the separation authority approved the unconditional waiver request and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 26 July 2011, under Army Regulation 635-200, Chapter 14-12b, with a general, under honorable conditions discharge, an SPD code of JKA, and an RE code of 3.  

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 16 March 2011, failure to report (110202), and dereliction of duty (100129).  Punishment consisted of reduction to the grade of E-3; forfeiture of $520.00, suspended until 12 September 2011; extra duty for 14 days; and restriction for 14 days (CG).

2.  Five negative counseling statements, dated between 9 February 2011 and 23 May 2011, for not finalizing a divorce settlement, not meeting financial obligations to spouse, and disobeying a direct order from a commissioned officer. 

3.  Three memorandums for record (MFRs) dated (110204, 110308, and 110318), addressing the negative issues of the appellant's shortcomings pertaining to his failure to meet the required financial obligations of his divorce.  



EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 31 January 2013, 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 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 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 misconduct, the applicant diminished the quality his service below that meriting a general or a fully honorable discharge.  The applicant’s record of service was marred by a 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 the applicant’s service mitigated the misconduct or poor duty performance.  

4.  The applicant contends he was capable of continuing his duties and the Army failed to take into consideration that he was going through a divorce at the time of his discharge.  He also felt there was some bias in the decision for his release from active duty.  While the applicant may believe his divorce was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.

5.  Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

6.  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:  12 July 2013          Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Witnesses/Observers: NA 

Board Vote:
Character Change:  1	No Change:  4
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)		AR20130002954



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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