IN THE CASE OF:  	

      BOARD DATE:  	23 August 2013

      CASE NUMBER:  	AR20130005321
___________________________________________________________________________

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, that an upgrade of his discharge would give him the opportunity to receive his GI Bill benefits, go to school, and get his life back in order.  He contends he is homeless.  In the applicant's contentions he states he attached a copy of his VA claim for compensation showing his service connected disability was the result of his disability.  However, the documents were not found with the applicant's application.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		14 March 2013
b. Discharge received:			General, under honorable conditions
c. Date of Discharge:			7 December 2009
d. Reason/Authority/SPD/RE:		Misconduct (AWOL), AR 635-200, paragraph 							14-12c(1), JKD, RE-3
e. Unit of assignment:			B Co, 4th BSTB, 4th BCT, Fort Hood, TX
f. Current Enlistment Date/Term:  	19 June 2007, 4 years
g. Current Enlistment Service:  	2 years, 3 months, 26 days
h. Total Service:			2 years, 3 months, 26 days
i. Time Lost:				53 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	25N10, Nodal Network Systems
m. GT Score:				103
n. Education:				GED
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (080611-090622)
q. Decorations/Awards:		AAM-2, ICM-w/1CS, NDSM, GWOTSM, ASR, OSR
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 19 June 2007, for a period of 4 years.  He was 17 years old at the time and had a high school equivalency (GED).  The applicant served a total of 2 years, 3 months, and 26 days which included a combat tour in Iraq and earned two AAM's.  At the time his discharge proceeding were initiated, he was serving at Fort Hood, TX.  



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 12 November 2009, 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) for going AWOL (090813-090912).

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 18 November 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted 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 20 November 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 from the Army on 7 December 2009, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c(1), AR 635-200, for misconduct (AWOL), with a Separation Program Designator code (SPD) of JKD and an RE code of 3. 

6.  The applicant's record of service indicates 53 days of time lost; 29 days for being AWOL from 13 August 2009 until his voluntary return on 12 September 2009 and 24 days of military confinement 28 September 2009 until 21 October 2009 as a result of his summary court martial punishment.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The applicant's disciplinary record includes a summary court-martial, dated 28 September 2009, for being AWOL (090813-090912).  His punishment consisted of reduction to E-1, forfeiture of $933.00 pay per month for one month, and confinement for 30 days.  

2.  Negative counseling statement, dated 12 September 2009 as a result of returning from being AWOL.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293.  The applicant also states on his application, he was providing his personnel records, service treatment records, VA disability records, and personal statements in support of his claim.  However, the documents were not found with the applicant's application.

POST-SERVICE ACTIVITY: 

None provided by the applicant.

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, 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 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 misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by his summary court-martial and negative counseling statement.

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 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.

5.  The applicant contends that he is currently homeless.  However, eligibility for housing supportive program benefits for Veterans 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.  Moreover, all veterans at risk for homelessness or attempting to exit homelessness can request immediate assistance by calling the National Call Center for Homeless Veterans hotline at 1-877-424-3838 for free and confidential assistance.

6.  The applicant also contends he is a service connected disabled veteran.  It was noted in the intermediate commander's recommendation memorandum that the applicant mental evaluation as part of his chapter packet found him to be fit for duty and responsible and that the applicant's request for a Chapter 5-17 conflicted with the requested separation.  The intermediate commander went on to recommend the applicant be approved for a Chapter 14-12c.  The applicant's contention was noted; however, the service record contains no evidence that a medical existed and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.   

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: 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)		AR20130005321



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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