IN THE CASE OF:  	Mr. 

      BOARD DATE:  	27 September 2013

      CASE NUMBER:  	AR20130003842
___________________________________________________________________________

Board Determination and Directed Action

1.  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 that the characterization of service was both proper and equitable and voted to deny relief.  

2.  However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, and 28, contain erroneous entries.  

3.  The Board directed the following administrative corrections and reissue of the applicant’s DD Form 214, as approved by the separation authority:

      a. block 25, separation authority changed to AR 635-200, paragraph 14-12c
      b. block 26, separation code changed to JKQ
      c. block 28, narrative reason for separation changed to Misconduct (Serious Offense)   

4.  Except for the foregoing modifications, the Board determined the narrative reason for 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 from under other than honorable conditions to honorable.

2.  The applicant states, in effect, that he was providing documents to tell his story and military background.  However, the applicant submitted no issues of equity or propriety.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		21 February 2013
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			16 April 2010
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14,						paragraph 14-12b, JKA, RE-3
e. Unit of assignment:			F Co, 203d CS BN, Fort Benning, GA
f. Current Enlistment Date/Term:	2 December 2008, 6 years
g. Current Enlistment Service:	1 year, 4 months, 12 days 
h. Total Service:			4 years, 9 months, 29 days (The DD Form 214 under 						review shows the applicant's "date entered AD this 						period" as (050613); however, documents found in 						the record show the date should be (050615).  Also, 						the net service should show 4 years, 9 months, and 						29 days.
i. Time Lost:				3 days
j. Previous Discharges:		RA-050615-080703/HD										RA-080704-081201/HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	91B10, Wheeled Vehicle Mechanic
m. GT Score:				104
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (051205-061201 and 080426-090316)
q. Decorations/Awards:		ARCOM, AGCM, NDSM, ICM-w/CS-2, ASR, OSR, 						CAB
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No


SUMMARY OF SERVICE:		

After serving in the Regular Army for 3 years, 5 months and 17 days, the applicant reenlisted in the Army on 2 December 2008, for a period of 6 years.  He was 21 years old at the time of reenlistment and a high school graduate.  His record indicates he served in Iraq twice, earned several awards to include an ARCOM, AGCM, and the CAB, and achieved the rank of    SPC/E-4.  He was serving at Fort Benning, GA when his discharge was initiated.  He completed a total of 4 years, 9 months, and 29 days of active military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 5 March 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct (serious offense).  Specifically for the following offenses:

a. missing movement to Individual Readiness Training at Fort Stewart, GA (100104)

b. going AWOL (091102-091104)

c. failing to report (091105)

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 10 March 2010, the applicant offered to plead guilty to Article 87 of the UCMJ and to accept an under other than honorable conditions discharge pursuant to Chapter 14, paragraph 14-12 of AR 635-200 and waive his right to demand a separation board dated.  In exchange of his actions, the convening authority agreed to try him by summary court-martial.

4.  On 10 March 2010, 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, and indicated his intention to submit a statement on his behalf which was not found in the record.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed action and recommended approval with an under other than honorable conditions discharge.  

5.  On 5 April 2010, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.

6.  The applicant was discharged from the Army on 16 April 2010, with a characterization of service of under other than honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, with a Separation Program Designator code (SPD) of JKA and an RE code of 3. 
7.  The applicant’s record of service indicates 3 days of time lost for being AWOL from             2 November 2009 until his return on 4 November 2009.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, imposed on 4 December 2009, for going AWOL (091102-091104) and failure to go at the time prescribed to his appointed place of duty (091105).  The punishment consisted of reduction to the grade of E-2, forfeiture of $784.00 per month for two months (suspended), extra duty for 45 days, and restriction for 45 days (FG). 

2.  Vacation of suspension, dated 17 December 2009, vacating the suspension of the punishment of forfeiture of $784.00 pay per month for two months, imposed on 4 December 2009, for failing to go at the time prescribed to his appointed place of duty (091209) and disobeying a lawful order from a noncommissioned officer.

3.  Pretrial Agreement (Offer to Plead Guilty), dated 10 March 2010, to waive his right to demand a separation board.

4.  SCM, imposed 15 March 2010, for missing movement on 4 January 2010.  The punishment consisted of reduction to the grade of E-1, forfeiture of two-thirds of one month's pay ($964.00) and restriction.

5.  Six negative counseling statements dated between 2 November 2009 and 20 January 2010, for missing movement, failure to report to his appointed place of duty, and going AWOL.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293.

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.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense).

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3.

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, and the 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 misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by his Article 15 and SCM for violation 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 submitted no issues of equity or propriety.



5.  Additionally, the service record indicates that someone in the discharge process erroneously entered the reason for separation as pattern of misconduct, authority as AR 635-200, paragraph 14-12b, and SPD code of JKA.  However, the separation authority approved the discharge under the provisions of AR 635-200, paragraph 14-12c, for misconduct (serious offense).

6.  Therefore, the characterization of service being both, proper and equitable, recommend the Board deny relief.  However, recommend the Board make the following administrative changes:  
      
      a. change block 25, separation authority to AR 635-200, paragraph 14-12c
      b. change block 26, separation code to JKQ
      c. change block 28, narrative reason for separation to Misconduct (Serious Offense)    

7.  Except for the foregoing modifications, the narrative reason for discharge was both proper and equitable.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review	  Date: 27 September 2013    Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers: NA 

Board Vote:
Character Change:  2	No Change:  3
Reason Change:	3	No Change:  2
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	No Change
Change Reason to:			Misconduct (Serious Offense)
Change Authority for Separation:	AR 635-200, Chapter 14, Paragraph 14-12c
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					Separation Program Designator (SPD) Code JKQ



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)		AR20130003842



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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