IN THE CASE OF:  	

      BOARD DATE:  	5 June 2013

      CASE NUMBER:  	AR20130004768
___________________________________________________________________________

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 to be 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 honorable.  

2.  The applicant states, in effect, that it has been over four years since his discharge and his motivation to succeed has never been higher.  He believes that some of his combat experiences as a young man may have played a role in his behavioral issues that led to his discharge.  He is now older and would like to continue his education but does not have the financial means.  An upgrade would allow him to use the GI Bill and pursue a college degree.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		4 March 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			29 January 2009
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, 14-12c 						JKQ, RE-3        
e. Unit of assignment:			A Co, 2d Battalion, 503d IN Regiment, Vicenza, Italy
f. Enlistment Date/Term:		8 March 2006, 5 years and 19 weeks
g. Current Enlistment Service:	2 years, 9 months, 27 days
h. Total Service:			2 years, 9 months, 27 days
i. Time Lost:				15 days
j. Previous Discharges:		None 
k. Highest Grade Achieved:		E-3	
l. Military Occupational Specialty:	11B20, Infantry
m. GT Score:				112
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Afghanistan (070522-080801)
q. Decorations/Awards:		NDSM, ACM, CIB, NATO MDL, OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		None	
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 8 March 2006, for a period of 5 years and 19 weeks.  He was 18 years old at the time of entry and a high school graduate.  At the time his discharge proceedings were initiated he was serving at Vicenza, Italy.  His record documents the award of a NATO Medal and a CIB.  He served a combat tour in Afghanistan.  

SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 12 January 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct-commission of a serious offense, specifically for:

      a.  found drunk on duty (080923)
b.  wrongfully used cocaine (080910-080915)

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 12 April 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement on his 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 of the proposed discharge.  

4.  On 21 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 on 29 January 2009, for misconduct (serious offense), under the provisions of AR 635-200, Chapter 14-12c, with an SPD code of JKQ and a RE code of 3.

6.  The service record contains an entry of 15 days of lost time for military confinement between 19 November 2008 and 3 December 2008.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  A summary court-martial adjudged on 19 November 2008, for being drunk on duty (080923), and wrongfully using cocaine (080910-080915).  His punishment consisted of confinement for 30 days, reduction to the grade of E-1, and a forfeiture of pay in the amount of $898.00.  

2.  A DD Form 2808, Report of Medical Examination, shows the applicant had an adjustment disorder but found him qualified for service.

EVIDENCE SUBMITTED BY THE APPLICANT 

A self-authored statement, a college letter and college transcript.

POST-SERVICE ACTIVITY: 

The applicant is attending college.


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, 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 service record confirms 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 serious misconduct, the applicant diminished the quality his service below that meriting an honorable discharge.  The applicant’s record of service was marred by a summary court-martial for multiple violations of the Uniform Code of Military Justice.

3.   The applicant contends that four years have elapsed since he was discharged.  He was young at the time and was having some behavioral issues as a result of his deployment.  However, the US Army does not have, nor has it ever had, a policy to upgrade a discharge based on time elapsed since the discharge.  Each case is decided on its own merits based on all factors contained in the official record or as submitted by the applicant.  Changes may be warranted if the Board determines the characterization of service or the reason for discharge or both were improper or inequitable.  Moreover, the applicant contends that medical issues contributed to his discharge from the Army.  However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition.  His record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication.  In fact, a DD Form 2808, Report of Medical Examination dated 15 December 2008, determined that although the applicant was suffering from an adjustment disorder, ultimately found him qualified for service.

4.  The applicant also contends he was young at the time of the discharge.  However, 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 successfully completed military service.

5.  Finally, the applicant states 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.

6.  By regulation, a UOTHC discharge is normally appropriate for a member separated by reason of serious misconduct.  It appears the applicant’s generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge.  His record was marred by a summary court-martial for being drunk on duty and wrongfully using cocaine.

7.  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: 5 June 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:					No Change



































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)		AR 20130004768

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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