IN THE CASE OF:	Mr. 

      BOARD DATE:  	4 September 2013

      CASE NUMBER:  	AR20130004891
___________________________________________________________________________

Board Determination and Directed Action

1.	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 found that the applicant's DD Form 214, blocks 25, 26 and 28, contain erroneous entries.  

3.	The Board directed the following administrative corrections and reissue of the applicant’s DD Form 214, as approved by the separation authority:
   
   a.  block 25, separation authority changed to AR 635-200, paragraph 14-12c, 
   b.  block 26, separation code changed to JKQ, 
   c.  block 27, reentry code to 3,
   d.  block 28, narrative reason for separation changed to Misconduct (Serious Offense).




      
      
      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, that after returning from overseas to Fort Hood, Texas, he was harassed by SSG R.  SSG R continuously hazed and used unfair punishment towards him.  He attempted to inform the chain of command without any luck, so he turned to drinking.  He fought for his country and now, he needs help to become the best he can be in the civilian world.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	11 March 2013
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	13 December 2010
	d.	Reason/Authority/SPD/RE Code:	Misconduct (Drug Abuse), AR 635-200, Paragraph 
			14-12c(2), JKK, RE-4
	e.	Unit of assignment:	A Co, 1st Bn, 5th Cavalry Regiment, 2nd BCT, 1st 
			Cavalry Division, Fort Hood, TX
	f.	Current Enlistment Date/Term:	10 July 2008, 4 years, 16 weeks
	g.	Current Enlistment Service:	2 years, 2 months, 8 days
	h.	Total Service:	2 years, 2 months, 8 days
	i.	Time Lost:	86 days 
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	11B10, Infantryman
	m.	GT Score:	114
	n.	Education:	HS Graduate
	o.	Overseas Service:	SWA
	p.	Combat Service:	Iraq (090109-091212) 
	q.	Decorations/Awards:	ARCOM; NDSM; ICM-CS; GWOTSM; ASR; OSR 
			CIB; VUA; MUC
	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 10 July 2008 for a period of 4 years and 16 weeks.  He was 19 years old at the time of entry and a high school graduate.  He served in Iraq.  He earned an ARCOM and completed 2 years, 2 months, and 8 days of active duty service.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 3 November 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason misconduct (serious offense).  Specifically, he received convictions for two incidents of driving while intoxicated x 2 (100618, 100710). 

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 6 November 2010, the applicant consulted with legal counsel, was advised of 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 23 November 2010, 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 December 2010, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), a Separation Program Designator code (SPD) of JKK and an RE code of 4. 

6.  The applicant’s record does not contain any evidence time lost; however, his DD Form 214 under current review reflects loss time of (100721-101014, 101015-101016).  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Two negative counseling statements, dated between 19 June 2010 and 24 August 2010, for driving while intoxicated and reckless driving.

2.  A General Officer Memorandum of Reprimand, dated 16 July 2010, for driving while intoxicated.

3.  There are two MP Reports dated 22 June 2010 and 16 July 2010, which indicates the applicant was the subject of an investigation for driving while intoxicated x 2, traffic collision, driving on post revocation, suicide ideation, and reckless driving. 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided no other evidence.


POST-SERVICE ACTIVITY: 

The applicant provided none. 

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 applicant contents his DD 214 has erroneous entries of drug abuse.  In review of his contention, the service record indicates that someone in the discharge process erroneously entered the reason for separation as misconduct (drug abuse), authority as AR 635-200, paragraph 14-12c(2), and SPD code of JKK.  However, the separation authority approved the discharge under the provisions of AR 635-200, paragraph 14-12c, for misconduct (serious offense).

3.  Recommend the Board make the following changes:  

   a. change block 25, separation authority to AR 635-200, paragraph 14-12c,
   b. change block 26, separation code to JKQ,
   c. change block 27, reentry code to 3,
   d. change block 28, narrative reason for separation to Misconduct (Serious Offense).

4.  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, compromised the special trust and confidence placed in a Soldier.  The applicant, as a Soldier, had the duty to support and abide by the Army's alcohol abuse policies.  By abusing alcohol, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge.  

5.  The applicant contends he was harassed by an NCO and he reported it to his chain of command, but without any help, he turned to drinking.  However, the evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling.  The applicant failed to respond appropriately to these efforts.  Furthermore, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  Accordingly, this argument is not sufficient to support his request for an upgrade of his discharge.

6.  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.  Accordingly, the records show the proper discharge and separation authority procedures were followed in this case.  

7.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief.  However, recommend the Board make the changes specified in paragraph 3.  














SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  4 September 2013      Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers:  NA 

Board Vote:
Character Change:  0	No Change:  5
Reason Change:	5	No Change:  0
(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 (Serious Offense)
Change Authority for Separation:	AR 635-200, Chapter 14, Paragraph 14-12c
Change RE Code to:		3
Grade Restoration to:		NA
Other:  				Separation Program Designator (SPD) Code JKQ




















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)		AR20130004891



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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