IN THE CASE OF:  	

      BOARD DATE:  	4 September 2013

      CASE NUMBER:  	AR20130005246
___________________________________________________________________________

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 characterization from general, under honorable conditions to honorable.  

2.  The applicant states, in effect, through his 21 years of being blessed with life on this great planet, he has made mistakes.  Unfortunately, he has had to live with them starting out at a young age, but he believes his life has gone through a sharp change in directions.  He has truly enjoyed his time in the Army.  Serving his country was such an honor, even if just for a short time.  He wishes he could have stayed longer.  Since his discharge, he has been trying to move forward in his life.  He is current working with Real Life Communications.  This is a non-profit organization that helps young people stay on the right track and to help them have good character.  He has learned so much from working with them.  Upgrading his discharge will help him continue to change for the better and succeed in life

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		14 March 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			10 January 2012
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, 14-12c 						JKQ, RE-3        
e. Unit of assignment:			B Company, 4th Battalion, 23d Infantry Regiment 						Joint Base Lewis-McChord, WA
f. Enlistment Date/Term:		1 October 2010, 4 years and 18 weeks
g. Current Enlistment Service:	1 year, 3 months, 10 days
h. Total Service:			1 year, 3 months, 10 days
i. Time Lost:				None
j. Previous Discharges:		None 
k. Highest Grade Achieved:		E-3	
l. Military Occupational Specialty:	11B10, Infantryman
m. GT Score:				99
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, ASR
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 1 October 2010, for a period of 4 years and 18 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 Joint Base Lewis McChord, WA.  
His record documents no acts of valor or significant achievement.   

SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 17 November 2011, 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.  stealing a watch, of a value of about $80.00, the property of AAFES (110426).

b.  violating a lawful general regulation by wrongfully consuming alcohol under
the age of 21 (110526).

c.  driving under the influence (DUI) of alcohol (110627).

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 23 November 2011, 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 13 December 2011, 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 10 January 2012, 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 two GOMORs for DUI of alcohol (110906 and 110920).  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  A FG Grade Article 15, dated 16 May 2011, for stealing a watch, of a value about $80.00, the property of AAFES.  His punishment consisted of a reduction to E-1, forfeiture of $733.00 pay per month for two months, suspended; extra duty for 45 days; and restriction for 45 days, suspended.

2.  CG Article 15, dated 15 August 2011, for a failure to report.  His punishment consisted of a forfeiture of $342.00 pay per month for one month; extra duty for 14 days; and restriction for
14 days.

3.  Numerous counseling covering the period 21 April 2011 through 15 August 2011, for two  DUIs, a pattern of misconduct, failing to report, larceny, negative performance counseling, and underage drinking..

4.  Two Military Police Reports, dated 27 June 2011 and 6 August 2011for DUI.

EVIDENCE SUBMITTED BY THE APPLICANT 

DD Form 293 and DD Form 214.

POST-SERVICE ACTIVITY: 

He is current working with Real Life Communications and helping young people stay on the right track.  

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 two Articles 15, two GOMORs, and numerous counseling 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 young at the time of the discharge and made a lot of mistakes.  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.  The applicant states that an upgrade of his discharge would help him continue to change for the better and succeed in life.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  Additionally, 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: 4 September 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:						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)		AR20130005246



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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