IN THE CASE OF:  	

      BOARD DATE:  	7 August 2013

      CASE NUMBER:  	AR20130004157
___________________________________________________________________________

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 very young when he was sent off to war.  He was not ready to see his friends killed in action.  He has PTSD and it took him this long to get his life back on track.  He would like to go to college.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		25 February 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			16 March 2006
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14-12b 						JKA, RE-3
e. Unit of assignment:			C Company, 52d Infantry Regiment, 3rd Brigade 						(SBCT), 2nd Infantry Division, Fort Lewis, WA
f. Current Enlistment Date/Term:	27 April 2003, 4 years
g. Current Enlistment Service:	2 years, 10 months, 20 days
h. Total Service:			2 years, 10 months, 20 days
i. Time Lost:				3 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	11B10, Infantryman
m. GT Score:				107
n. Education:				GED
o. Overseas Service:			SWA
p. Combat Service:			Iraq (031031-041031)
q. Decorations/Awards:		ARCOM, AAM, NDSM, GWOTEM, GWOTSM, OSR
ASR, CIB
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 27 April 2003, for a period of 
4 years.  He was 20 years old at the time and had a high school equivalency (GED).  He was serving at Fort Lewis, WA when his discharge was initiated.  He was awarded an ARCOM, AAM, and a CIB.



SEPARATION FACTS AND CIRCUMSTANCES

1.  On 14 September 2005, 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 a  pattern of misconduct; specifically for:

a.  failing to go to his appointed place of duty x 7, (050624, 050724, 050725, 050808, 
     050808, 050906, and 050907) 
	b.  disobeying direct orders from NCOs x 2 (050624 and 050624)  
	c.  disrespecting NCOs x 3, (050624, 050624, and 050705)
	d.   breaking restriction (050724)
	e.  overindulging in intoxicating liquor resulting in the incapacitation of the proper 	  		     performance of his duties (050808)
	f.   AWOL (050910-050912)

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 14 September 2005, 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 contingent upon receiving a characterization of service no less favorable than general, under honorable conditions discharge and submitted a statement on his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander (battalion) reviewed the proposed action and recommended approval of the separation with an under other than honorable conditions discharge.  

4.  On 3 February 2006, the separation authority approved the conditional waiver request, 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 16 March 2006, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, Separation Program Designator code (SPD) of JKA and an RE code of 3. 

6.  The applicant’s DD Form 214 does not contain any evidence of unauthorized absences or time lost; however, the DA Form 4187 (Personnel Action) that shows the applicant was AWOL from 10 September 2005 until his return on 12 September 2005.  His mode of return is unknown.

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 11 July 2005, for failing to go to his appointed place of duty (050624),   disrespecting NCOs x 2 (050625 and 050625), and disobeying direct orders from two NCOs (050624 and 050624).  His punishment consisted of reduction to E-3, forfeiture of pay in the amount of $773.00 for two months (one month suspended), and 45 days of extra duty and restriction (FG).

	b.  On 24 August 2005, for failing to go to his appointed place of duty x 3,  (050720, 050808, and 050809), disrespecting a NCO (050705), breaking restriction (050724), and as a result of overindulged in intoxicating liquor, incapacitated for the proper performance of his duties (050808).  His punishment consisted of reduction to E-2, forfeiture of pay in the amount of $1384.00 for two months, and 45 days of extra duty and restriction (FG).

	c.  A summary court martial conviction for two specifications of failing to be at his appointed place of duty (050906 and 050907) and one specification of AWOL between (050910-050912).  The applicant’s punishment consisted of reduction to the grade of E-1, forfeiture of $823.00, and confinement for 30 days.

2.  There are numerous negative counseling statements dated 1 January 2004 through 
7 September 2005, for destruction of government property, missing formations, disrespecting NCOs, disobeying lawful orders, negligent driving, AWOL, failing to report, withdrawal of civilian clothes and pass privileges, and monthly performance counselings.

EVIDENCE SUBMITTED BY THE APPLICANT 

DD Form 149; DD Form 214; two letters of support; a memorandum from a licensed Psychologist; and medical documents, nine pages.

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.

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 two Articles 15; for multiple violations of the Uniform Code of Military Justice, a Summary Court-Martial and numerous 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 states, in effect, he was very young when he was sent off to war.  The record shows the applicant met entrance qualification standards to include age.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who has successfully served in combat and completed military service.

5.  The applicant contends he has PTSD and provided a memorandum from a licensed Psychologist to support his contentions.  However, a careful review of the entire record reveals that this diagnosed medical condition did not overcome the reason for discharge and characterization of service granted.  The record shows that on 30 August 2005, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  Further, there are many Soldiers with the same condition that completed their service successfully. 

6.  Lastly, 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.

7.  Records show the proper discharge and separation authority procedures were followed in this case.

8.  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: 	7 August 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 RE Code to:			No Change
Grade Restoration to:			NA
Change Authority for Separation:		No Change
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)		AR20130004157



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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