IN THE CASE OF:	Mr. 

      BOARD DATE:  	16 October 2013

      CASE NUMBER:  	AR20130003971
___________________________________________________________________________

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, upon separating, he was told he would receive 80% of his Post 9/11 GI Bill, because he paid $1,200 to enter the program.  He has yet to receive his educational benefits to further his education as a degree is a small piece of the puzzle for him to be able to provide for his family.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	25 February 2013 
	b.	Discharge Received:	General, Under Honorable Conditions 
	c.	Date of Discharge:	13 February 2009
	d.	Reason/Authority/SPD/RE Code:	Pattern of Misconduct, AR 635-200, Paragraph 14-
			12b, JKA, RE-3
	e.	Unit of assignment:	B Btry, 3rd Sqdn, 4th ADA (Patriot/Avenger), 108th 
			ADA Bde, Fort Bragg, NC 
	f.	Current Enlistment Date/Term:	30 August 2006, 3 years, 24 weeks
	g.	Current Enlistment Service:	2 years, 5 months, 24 days 
	h.	Total Service:	2 years, 5 months, 24 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-3
	l.	Military Occupational Specialty:	14S1P, Avenger Crewmember 
	m.	GT Score:	96
	n.	Education:	13 years
	o.	Overseas Service:	None 
	p.	Combat Service:	None
	q.	Decorations/Awards:	NDSM; GWOTSM; 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 30 August 2006, for a period of 3 years and 24 weeks.  He was 20 years old at the time of entry and completed one year of college.  His record documents no acts of valor or significant achievement.  He completed 2 years, 5 months, and 24 days of active duty service.




SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 9 January 2009, 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 citation for driving with a .12 BAC and falsely identifying himself with a different name, not his (070714);
b. failing to be at his appointed place of duty on two occasions (080803, 081006);
c. operating a motor vehicle without a licence on two occasions (080819, 081013);
d. operating a motor vehicle without proper insurance and registration on two occasions (081006, 081013);
e. violating brigade policy by being farther than 100-mile radius from Fort Bragg without a mileage pass between (081004-081006).

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

3.  On 26 January 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action and elected to 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 January 2009, 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 13 February 2009, 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.  Three negative counseling statements, dated between 14 June 2008 and 8 October 2008, for failing to be at his appointed place of duty; operating a motor vehicle while under the influence of alcohol; and traveling without having pass privileges, and missing formation and work. 

2.  A General Officer Memorandum of Reprimand, dated 14 July 2008, for driving while intoxicated.

3.  A serious incident report, dated 14 June 2008, indicating the applicant was apprehended by civil authorities for speeding and DUI.

4.  A civilian sheriff’s office report with traffic citation and apprehension report, dated 14 June 2009.

5.  Two civilian district court citations indicating court date and location of 7 October 2008 and 9 December 2008.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a copy of the DD Form 214 for service under current review with its attachments as filed in his AMHRR.

POST-SERVICE ACTIVITY: 

The applicant provided none, except expressed a desire to continue his education.  

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 service record and 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 standards for acceptable conduct and performance of duty by military personnel.  The applicant by violating the Army's policy not to abuse alcohol and his pattern of misconduct, 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 abusing alcohol and by the pattern of misconduct, the applicant knowingly risked a military career and diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by civil court actions 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 that an upgrade of his discharge would allow educational benefits through the use of the GI Bill.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

5.  The records show the proper discharge and separation authority procedures were followed in this case.  

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:  16 October 2013       Location: Washington, DC

Did the Applicant Testify?  NA 

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)		AR20130003971



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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