IN THE CASE OF:  	Mr. 

      BOARD DATE:  	23 August 2013

      CASE NUMBER:  	AR20130004423
___________________________________________________________________________

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 to his general, under honorable conditions discharge to honorable.

2.  The applicant states, in effect, that his discharge is inequitable because he was never given the opportunity for a rehabilitative transfer of any type.  He had previously requested a transfer due to the negative influences he was around.  His separation memorandum did not address the issue of a transfer.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		4 March 2013	
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			21 February 2012	
d. Reason/Authority/SPD/RE Code:	Pattern of Misconduct, AR 635-200, Chapter 14-12b, 							JKA, RE-3	
e. Unit of assignment:			501st Area Support Medical Company, 86th Combat 						Support Hospital, 101 Airborne Division (Air Assault), 						Fort Campbell, KY			
f. Current Enlistment Date/Term:	6 June 2008, 6 years
g. Current Enlistment Service:	3 years, 8 months, 14 days
h. Total Service:			3 years, 8 months, 14 days
i. Time Lost:				1 day
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	68W10, Health Care Specialist
m. GT Score:				115
n. Education:				HS Graduate
o. Overseas Service:			South West Asia
p. Combat Service:			Iraq (100217-100826)
q. Decorations/Awards:		AAM-2, NDSM,ICM-CS, GWOTSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		Yes
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 6 June 2008, for a period of 6 years.  He was      22 years old at the time of entry, and a high school graduate.  He served in Iraq, earned two AAM’s, and completed 3 years, 8 months, and 14 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 23 January 2012, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12b, Pattern of Misconduct. Specifically for:

	a.  making false official statements to both a non-commissioned and commissioned 	officer on several occasions 
	b.  being absent from his unit without authority multiple times
	c.  having a number of serious offenses including domestic altercations and driving 	under the influence.

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

3.  On 25 January 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  

4.  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 21 February 2012, 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 shows he was absent without leave (AWOL) during the period    through 17 November 2011 through 18 November 2011.  He surrendered and returned to military control.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 1 August 2011, with intent to deceive made a false official statement (110621).  The punishment consisted of reduction to the grade of E-3, (suspended), to be automatically remitted, unless sooner vacated on (120131), forfeiture of $975 pay per month for two months, (suspended one month), to be automatically remitted, unless sooner vacated on (120131), extra duty for 45 days, and an oral reprimand, (FG).

2.  Article 15, dated 19 December 2011, without authority, absent himself from his unit (111117-111118).  The punishment consisted of reduction to the grade of E-2, (suspended for 6 months), and forfeiture of $383 per month (suspended for 6 months), (CG). 

3.  Supplementary Action Under Article 15, UCMJ, dated 5 January 2012, vacation of suspension of the punishment of reduction to the grade of E-2, for making false official statements to SGT JD, with intent to deceive.
      
4.  Nineteen negative counseling statements dated between 17 June 2011 and 4 January 2012, for being recommend for discharge under Chapter 14-12b, failure to report (multiple), false official statement, moving out of the barracks, recommendation for Article 15, failure to be at appointed place of duty (multiple), failure to remain on post while restricted to post, disrespect to a noncommissioned officer, missing an appointment, dereliction of duty pertaining to his assigned duties, failure to follow a direct order, leaving his place of duty without notifying supervisor, and debt avoidance audit.

5.  Command Serious Incident Report dated, 5 May 2011, which indicates the applicant, was arrested for violating a restraining order.
      
EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided an on-line applicant, and a DD Form 214.

POST-SERVICE ACTIVITY: 

None were 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 pattern of 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 2 Articles 15 for multiple violations of the Uniform Code of Military Justice.

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 not afforded the opportunity for a rehabilitation transfer; 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.  The evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.

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:  23 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:		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)		AR20130004423

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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