IN THE CASE OF:  	

      BOARD DATE:  	23 August 2013

      CASE NUMBER:  	AR20130005130
___________________________________________________________________________

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 of his discharge from general, under honorable conditions to honorable.

2.  The applicant states, in effect, it would mean a lot to be honored as a veteran with a honorable discharge to show the work he did as an active duty Soldier was actually worth something to the United States.  He desires to receive educational and medical benefits.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		11 March 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			15 October 2010
d. Reason/Authority/SPD/RE Code:	Misconduct , AR 635-200, Chapter 14, paragraph
      14-12b, JKA, RE-3
e. Unit of assignment:			E Battery, 1-44th ADA Regiment, Fort Hood, TX
f. Current Enlistment Date/Term:	16 September 2008, 3 years and 24 weeks
g. Current Enlistment Service:	2 years, 1 month
h. Total Service:			2 years, 1 month
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	14S10 E2, Avenger Crewmember
m. GT Score:				116
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		AAM, NDSM, 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 16 September 2008, for a period of 3 years and 24 weeks.  He was 20 years old at the time of entry and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 14S10 E2, Avenger Crewmember.  His record shows he earned an AAM and achieved the rank of PFC/E-3.  He was serving at Fort Hood, TX, when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates on 15 September 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of a pattern of misconduct.  Specifically for the following offenses:

     a.  violating a lawful order from his first sergeant (1SG) not to operate his motor vehicle before obtaining a driver’s license (10123)

     b.  stealing $140 worth of merchandise from AAFES (100627)

     c.  disobeying a lawful order from his 1SG not to sign out on leave (100706)

     d.  receiving multiple negative counseling statements from the time period of 1 November 2009 to 4 September 2010 for minor disciplinary infractions

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 15 September 2010, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, waived personal appearance before an administrative separation board (although he was not entitled to a board) and did not indicate If he did or 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 separation with a general, under honorable conditions discharge.  

4.  On 27September 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’s service record does not contain any evidence of unauthorized absences or time lost.  

6  The applicant was discharged from the Army on 15 October 2010, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, a Separation Program Designator code (SPD) of JKA and an RE code of 3.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  An Article 15, dated 30 July 2010 for willfully disobeying a lawful order from a senior noncommissioned officer (1SG), (100706); and stealing merchandise of a value of about $140, the property of AAFES (100627); the punishment consisted of reduction to E-1, forfeiture of $723 pay x 2 months and restriction for 60 days, (FG).

2.  An Article 15, dated 5 March 2010 for willfully disobeying a lawful order from a senior noncommissioned officer (1SG), not drive without a valid driver’s license (100123); the punishment consisted of reduction to E-2, forfeiture of $378 pay x 1 month, extra duty for 14 days and restriction for 14 days, (CG).

3.  He received 17 negative/performance counseling statements which were completed between 1 November 2009 and 4 September 2010, for monthly performance counseling for November 2009/March and July 2010, losing his ID card, driving without a valid driver’s license, financial management/paying debts late on divers occasions, uniform corrections, failing to report on numerous occasions, shoplifting, disrespecting a senior NCO and initiation of Chapter 14 separation action.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293; DD Form 214; and Discharge Orders 288-0106.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with the application.

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 his military record, the issues and document 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 fully honorable discharge.  The applicant’s record of service was marred by two Article 15s and 17 negative/performance counseling statements.

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 it would mean a lot to be honored as a veteran with a honorable discharge to show the work he did as an active duty Soldier was actually worth something to the United States. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct.  The character of the applicant’s discharge is commensurate with his overall service record.  

5.  The applicant desires to receive educational and medical benefits.  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.  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)		AR20130005130



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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