IN THE CASE OF:  	Mr. 

      BOARD DATE:  	23 September 2013

      CASE NUMBER:  	AR20130005596
___________________________________________________________________________

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 to be 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 under other than honorable conditions discharge to general, under honorable conditions.

2.  The applicant states, in effect, that he would like to be gainfully employed and his discharge is holding him back.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		18 March 2013
b. Discharge Received:		Under Other than Honorable Conditions
c. Date of Discharge:			24 January 2011
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, 14-12c, 						JKQ, RE-3        
e. Unit of assignment:			Home Det, 1st Bn, 64th AR Rgt, Fort Stewart, GA
f. Enlistment Date/Term:		15 September 2008, 6 years and 21 weeks
g. Current Enlistment Service:	1 year, 5 months, 23 days
h. Total Service:			1 year, 5 months, 23 days
i. Time Lost:				321 days
j. Previous Discharges:		None 
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	88M10, Motor Transportation Specialist
m. GT Score:				114
n. Education:				GED
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, 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 15 September 2008, for a period 6 years and 21 weeks, he was 22 years old at the time and had a high school equivalency (GED).  When his discharge proceedings were initiated he was serving at Fort Stewart, GA.  The record does not show any significant achievements or meritorious awards.  


SEPARATION FACTS AND CIRCUMSTANCES

1.  The record indicates that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconductcommission of a serious offense, specifically for the following offenses:

      a. AWOL (091014-100829)
      b. Wrongfully using marijuana (100731-100831)
      
2.  Based on the above misconduct the unit commander recommended an under other than honorable conditions discharge and advised the applicant of his rights.  

3.  The applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement on his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The senior intermediate commanders reviewed the proposed action and recommended approval with an under other than honorable conditions discharge.  

4.  On 11 January 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.

5.  The applicant was discharged on 24 January 2011, for misconduct (serious offense), under the provisions of AR 635-200, paragraph 14-12c, with an SPD code of JKQ and a reentry (RE) code of 3.

6.  The applicant’s record shows a period of 321 days lost time for being AWOL between 
14 October 2009 and 30 August 2010 (apprehended).

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  Summary Court-Martial plea agreement dated 29 October 2010.  The applicant offered to plead guilty of AWOL and wrongful use of marijuana and to waive his right to an administrative separation board and accept an under other than honorable conditions discharge.  His Summary Court-Martial punishment consisted of reduction to the grade of E-1, confinement for 27 days, and a forfeiture of pay in the amount of $892.40.

2.  One negative counseling dated 11 January 2011, for initiation of discharge proceedings.

3.  A positive urinalysis dated 31 August 2010, for marijuana, which was coded IO (Inspection Other).

EVIDENCE SUBMITTED BY THE APPLICANT 

None were provided with the application.

POST-SERVICE ACTIVITY: 

None were provided 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 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 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 serious misconduct, the applicant diminished the quality his service below that meriting a general or a fully honorable discharge.  The applicant’s record of service was marred by a summary-court martial 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 that an upgrade of his discharge will allow him to become gainfully employed.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

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:  Record Review     Date: 23 September 2013     Location: Washington, DC

Did the Applicant Testify?   No

Counsel:  None

Witnesses/Observers:  NA

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:		NA
Grade Restoration to:		NA
Change Authority for Separation:	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	UOTH - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR20130005596

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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