IN THE CASE OF:  	
				
      BOARD DATE:  	28 August 2013

      CASE NUMBER:  	AR20130005582
___________________________________________________________________________

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 late several times, and the girl he was dating came to his dorm room and caused a disturbance.  He called the police to make her leave.  After this incident, he was asked if he wanted a discharge, and he said yes, not knowing he was being given a general, under honorable conditions discharge.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			18 March 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				30 May 2012
d. Reason/Authority/SPD/RE Code:		Misconduct (Serious Offense), AR 635-200								Paragraph 14-12c, JKQ, RE-3
e. Unit of assignment:				A Co, 2d Bn, 505th PIR, 3d BCT, Fort									Bragg, North Carolina
f. Current Enlistment Date/Term:		7 June 2011, 3 Years, 16 Weeks
g. Current Enlistment Service:		0 Years, 11 Months, 24 Days
h. Total Service:				0 Years, 11 Months, 24 Days
i. Time Lost:					None
j. Previous Discharges:			NA
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		11B1P, Infantryman
m. GT Score:					94
n. Education:					HS Grad
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			NDSM, GWOTSM, ASR
r. Administrative Separation Board: 		NA
s. Performance Ratings:			NA
t. Counseling Statements:			None
u. Prior Board Review:           			NA
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 7 June 2011 for a period of 3 years and 16 weeks.  He was 18 years old at the time of entry and a high school graduate.  He completed 11 months and 24 days of active duty service.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 22 May 2012, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, paragraph 14-12c, for commission of a serious offense.  The applicant was involved in a physical altercation with a female in the unit's barracks.  Additionally, the applicant failed to report to his appointed place of duty at the time prescribed.            
The applicant was a hindrance to the unit and its mission.

2.  Based on the above misconduct, the commander recommended a general, under honorable conditions discharge.

3.  On 22 May 2012, the applicant waived his right to consult with an attorney.  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 22 May 2012, the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 30 May 2012, under Army Regulation 635-200, Chapter 14-12c, with a general, under honorable conditions discharge; SPD code of JKQ, and an RE code of 3.  

6.  The applicant’s record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:  

None.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and discharge document.

POST-SERVICE ACTIVITY: 

None listed.

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 his misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by having an altercation with a female in the barracks and failing to go at the time prescribed to his appointed place of duty.   

3.  The applicant’s contentions were carefully noted; however, his service was relatively short (less than a year) and determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by several incidents of misconduct.  Further, when the discharge was initiated, the applicant was notified by the unit commander that he was recommending the applicant receive a general, under honorable conditions discharge.  The applicant acknowledged receipt of this notification, and waived his right to consult with an attorney.

4.  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.  

5.  The records show the proper discharge and separation authority procedures were followed in this case.  
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:   28 August 2013	Location: Washington, DC

Did the Applicant Testify?  No 

Counsel:  No

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)		AR20130005582



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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