IN THE CASE OF:  	

      BOARD DATE:  	23 August 20113

      CASE NUMBER:  	AR20130004965
___________________________________________________________________________

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 his general, under honorable conditions discharge be upgraded to honorable.

2.  The applicant states, in effect, he was given an Article 15 for being AWOL, and his characterization of service was based on the AWOL.  He contends he was going to receive an under other than honorable conditions discharge, but he petitioned the Commanding General (CG) for a better discharge due to his personal circumstances.  

3.  He contends his wife, from whom he was separated, was going to lose custody of his children to the State of Utah.  He advised his first sergeant (1SG) of his situation, and the 1SG told him he could not go to Utah and take custody of the children because, "single fathers make bad soldiers."  He left without authorization to get his children, the most important persons in his life.  He now wants to go to school for a career that is both stable and will allow him to provide a good life for his children.  He was a good Soldier and did not have any other transgressions.  He just wants the chance to be better than he is today for his family's future. 
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			8 March 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				24 March 2005
d. Reason/Authority/SPD/RE Code:		Misconduct, AR 635-200, Para 14-12c, JKQ 								RE-3
e. Unit of assignment:				Btry B, 3rd Bn, 320th FAR, Ft. Campbell, KY
f. Current Enlistment Date/Term:		25 March 2003/3 years
g. Current Enlistment Service:		1 Year, 9 Months, 13 Days
h. Total Service:				1 Year, 9 Months, 13 Days
i. Time Lost:					77 days
j. Previous Discharges:			NA
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		13B10, Cannon Crewmember
m. GT Score:					125
n. Education:					GED
o. Overseas Service:				Southwest Asia
p. Combat Service:				Kuwait (030822-040206)
q. Decorations/Awards:			ARCOM, GWOTEM, GWOTSM, NDSM								 	ASR, OSR
r. Administrative Separation Board: 		NA
s. Performance Ratings:			None
t. Counseling Statements:			None
u. Prior Board Review:				NA
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 25 March 2003 for a period of 3 years.  He was 18 years old at the time of entry and had a GED.  He served in Kuwait, and earned an ARCOM.  He completed 1 year, 9 months, and 13 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 18 January 2005, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, paragraph 14-12c(1), for going AWOL, being dropped from the rolls, and not returning until he was apprehended by civilian authorities.  

2.  Based on the above misconduct, the commander recommended an under other than honorable conditions discharge.

3.  On 18 January 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, conditionally waived his right to an administrative separation board contingent upon receiving a characterization of service no less favorable than general, under honorable conditions; and, did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed action and recommended approval with an under other than honorable conditions discharge.  

4.  On 16 March 2005, the separation authority approved the conditional waiver request and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 24 March 2005, under Army Regulation 635-200, Chapter 14-12c, with a general, under honorable conditions discharge, an SPD code of JKQ, and an RE code of 3.       

6.  The applicant’s record show he was AWOL from 3 August to 6 October 2004, and 1-12 November 2004.  The unit commander indicated the appellant was apprehended by civilian authorities and returned to military control.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Field Grade Article 15, dated 28 October 2004, for being AWOL (040803-040921).  The punishment consisted of reduction to the grade of E-2, forfeiture of $669.00 per month for one month; 45 days of extra duty.

2.  DA Forms 4187 (Personnel Action) showing the appellant was present for duty and went AWOL on 3 August 2004; and AWOL to dropped from the rolls on 1 September 2004.
      
3.  On 29 November 2004, a suspension of favorable action was initiated against the applicant based on his elimination action.
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application.

POST-SERVICE ACTIVITY: 

On 1 February 2007, the applicant rejoined the Army National Guard and after serving for 2 months and 11 days he was separated with an uncharacterized discharge.

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, 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 going AWOL, 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 his personal problems mitigated the characterization of his service and that, otherwise, he was a good Soldier.  The applicant's overall service was taken into account at the time of his discharge when the separation authority accepted his conditional waiver in view of his extenuating circumstances, and directed he receive a general, under honorable conditions discharge.  An under other than honorable conditions discharge is normally appropriate for Soldiers who are separated from active duty with more than 30 days of AWOL.  In the applicant's case, the separation authority allowed a general, under honorable conditions discharge after reviewing the applicant's mitigating circumstances.  However, there is not a sufficient basis to substantiate an honorable discharge.  The applicant had many legitimate avenues through which to obtain assistance or relief for his personal problems 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.    

5.  The applicant has expressed his desire to have better job opportunities and the benefits of the GI Bill.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  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.  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



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:  No Change
Change RE Code to:		No Change
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)		AR20130004965



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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