IN THE CASE OF:  	Mr. 

      BOARD DATE:  	21 August 2013

      CASE NUMBER:  	AR20130004359
___________________________________________________________________________

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.

2.  However, notwithstanding the propriety of the applicant’s discharge, the Board determined that the applicant’s DD Form 214, blocks 25, 26, and 28 should be administratively changed.    

3.  In view of the error, the Board directed an administrative correction to block 25, Separation Authority, to read AR 636-200, Para 14-12a, block 26, Separation Code, to read JKA, and block 28, narrative reason for separation to read, Misconduct, (Minor Offense) as required by Army Regulations.  




      
      
      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 general, under honorable conditions discharge to honorable.

2.  The applicant states, in effect, he was separated for commission of a serious offense.  He was assigned to his unit’s rear detachment for 6 months; and after 3 related suicide attempts he was hospitalized to an inpatient psychiatry ward where he was evaluated and diagnosed with high anxiety and depression related alcohol abuse. After he was discharged from the hospital, he was referred to ASAP for rehabilitation and given a negative counseling statement, with orders not to consume alcohol. 

3.  After being intoxicated one night he reported to work late.  Immediately following this incident he was recommended for a field grade Article 15 and was told that separation action would be initiated due to his continued illegal alcohol consumption and violating a direct order. He was not given a chance to rehabilitate or attend the ASAP program he had been referred to and was separated for two very minor incidents that did not result in any legal trouble or harm to others. 

4.  The UCMJ for AR 635-200 clearly states that soldiers must be given ample time and the opportunity to correct any behavior. Outside of these incidents, he had no other issues or negative blemishes on his record. He realizes that he does not deserve many of the benefits awarded to veterans and he does not wish to demand things that he is not entitled to. 

5.  Since his discharge he has sought help for his problems and he is trying to build a life in the civilian world.  He hopes to have his characterization of service changed so that he has a fair chance of moving forward with his life by starting a family. He has started a new job working for a local pharmacy, with room for advancement; however, his discharge is the only barrier to his achieving a position capable of supporting a family.  A misconduct discharge is inequitable in this case because underage drinking is hardly a serious offense.  There were no other adverse actions on his record and he was given no opportunity for rehabilitation.  His chain of command took a chapter first, ask questions later approach to his issues, which is a growing problem in today’s Army.  He asks that his case be reviewed with the attached documents and his request be considered.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		27 February 2013			
b. Discharge Received:		General, Under Honorable Discharge
c. Date of Discharge:			10 December 2012	
d. Reason/Authority/SPD/RE Code:	Misconduct, (Serious Offense), AR 635-200,    								Chapter 14-12c, JKQ, RE-3	
e. Unit of assignment:			HHC, 2d Bn 508th IN Rgt, Fort Bragg, NC		
f. Current Enlistment Date/Term:	15 November 2011, 4 years, 21 weeks
g. Current Enlistment Service:	1 year, 26 days
h. Total Service:			1 year, 26 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	11B1P, Infantryman
m. GT Score:				123
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		No
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 15 November 2011, for a period of 4 years and 21 weeks.  He was 18 years old at the time of entry, a high school graduate, and completed    1 year, and 26 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 15 November 2012, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c, for the commission of a serious offense; specifically for, violating a lawful general regulation by consuming alcohol while under the legal age.

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

3.  On 15 November 2012, the applicant declined his opportunity to consult with legal counsel, indicated he understood 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 20 November 2012, the separation authority approved and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 10 December 2012, under Army Regulation 635-200, Chapter 14-12c, commission of a serious offense, with a general, under honorable conditions discharge, an SPD code of JKQ, 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:

There are no UCMJ actions contained in the applicant’s available record.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, 2 developmental counseling forms dated, 12 October 2012, and 16 October 2012; medical discharge instructions dated, 12 October 2012; a mental status evaluation dated, 12 October 2012; commander’s notification memorandum of separation action dated, 15 November 2012; commander’s report of proposed separation action dated 15 November 2012; an ERB; and a DD 214. 

POST-SERVICE ACTIVITY: 

None provided by the applicant

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 misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge.  

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 although he was referred to ASAP he was not given the opportunity to attend ASAP for rehabilitation purposes.  However, AR 635-200, paragraph      1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier.  Further, AR 600-85, paragraph 3-8 entitled self-referrals, states the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance.

5.  The applicant contends that an upgrade of his discharge will allow him to obtain better employment.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

6.   The applicant raised the issue that although he was discharged for two minor incidents in which no one was harmed and that underage drinking is not a serious offense.  Contrary to the applicant’s belief, underage drinking is a serious offense that undermines unit morale and discipline.  Moreover 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.  

7.  The 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:  21 August 2013         Location:  Washington, DC

Did the Applicant Testify?  No 

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:		Yes
Change Characterization to:	No Change
Change Reason to:			Misconduct (Minor Infractions)
Change Authority for Separation:	AR 635-200, Chapter 14, Paragraph 14-12a
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)		AR20130004359

Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1