IN THE CASE OF:  	Mr. 

      BOARD DATE:  	3 May 2013

      CASE NUMBER:  	AR20130005650
___________________________________________________________________________

Board Determination and Directed Action

1.  After carefully examining the applicant’s record of service during the period of enlistment under review and the Discussion and Recommendation that follows, the Board determined that the characterization of service was both proper and equitable and voted to deny relief.  

2.  Further, the Board voted to change the applicant’s reason for discharge, authority, and separation code on the basis of equity because the offenses were minor in nature. The Board directed the DD Form 214 be reissued with the following changes:

      a. block 25, separation authority changed to AR 635-200, paragraph 14-12b
      b. block 26, separation code changed to JKA
      c. block 28, narrative reason for separation changed to Pattern of Misconduct 

3.  Except for the foregoing modifications, the Board determined the discharge was both proper and equitable.




      
      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 since his discharge he has been attending school and wants the GI Bill to further his education and career opportunities.  A change to honorable will open up many opportunities and ability to better support his family.  He believes the original discharge he received is unjustifiable because of insufficient evidence.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		19 March 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			27 July 2012
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, 14-12c, 						JKQ, RE-3        
e. Unit of assignment:			A Co, 2d Bn, 502d IN Rgt, Fort Campbell, KY
f. Enlistment Date/Term:		21 September 2009, 4 years and 18 weeks
g. Current Enlistment Service:	2 years, 10 months, 7 days
h. Total Service:			2 years, 10 months, 7 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	11 B10, Infantryman
m. GT Score:				101
n. Education:				GED
o. Overseas Service:			SWA
p. Combat Service:			Afghanistan (100605-110529)
q. Decorations/Awards:		ARCOM, NDSM, ACM-CS, GWOTSM, ASR, OSR, 						NATO MDL
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 21 September 2009, for a period of 4 years and 18 weeks.  He was 20 years old at the time and had a high school equivalency (GED).  When his discharge proceedings were initiated he was serving at Fort Campbell, KY.  He earned an ARCOM and when he was discharged he had served 2 years and 10 months on active duty which included a combat tour.
SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 9 July 2012, 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 (serious offense), specifically for:

      a. violated safety belt regulations (110601)
      b. violated proper parking regulations (110717)
      c. failed to obey traffic control device (110912)
d. derelict in the performance of his duties in that he failed to have the proper equipment during the land navigation range (111004)
      e. failed to be at the time prescribed at his appointed place of duty (111005)
f. derelict in the performance of his duties in that he negligently failed to keep his eye protection on during a ruck march (111014)
      g. derelict in the performance of his duties in that he negligently failed to shave before 	work (111103)
      
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 9 July 2012, the applicant declined 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 with a general, under honorable conditions discharge.  

4.  On 10 July 2012, 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 27 July 2012, for misconduct (serious offense), under the provisions of Chapter 14-12c, with an SPD code of JKQ and a 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

1.  The record does not contain any actions under Article 15 of the Uniform Code of Military Justice.

2.  Six negative counseling’s dated between 5 October 2011 and 12 April 2012, for failing to appear in civilian court and events that led to his arrest, failure to have the proper equipment, failure to shave, enlisted bonus debt to the government, failure to report and failure to wear eye protection.


EVIDENCE SUBMITTED BY THE APPLICANT 

None were provided with the application.

POST-SERVICE ACTIVITY: 

The applicant states that since his discharge from the Army he has been attending college.

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 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 repeated incidents of misconduct, the applicant diminished the quality his service below that meriting an honorable discharge.  

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's desires to use the benefits of the GI Bill for his education.  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.  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:  3 May 2013		Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Witnesses/Observers: N/A

Board Vote:
Character  	Change:  0	No Change:  5
Reason	Change:  5	No Change:  0
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	No Change
Change Reason to:			Pattern of Misconduct 
Change RE Code to:		NA
Grade Restoration to:		NA
Change Authority for Separation:	AR 635-200, paragraph 14-12b with corresponding SPD 						code of JKA.
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
ADRB Case Report and Directive (cont)		AR 20130005650

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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