IN THE CASE OF:  	

      BOARD DATE:  	10 May 2013

      CASE NUMBER:  	AR20130005879
___________________________________________________________________________

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 discharge characterization from general, under honorable conditions to honorable.  

2.  The applicant states, in effect, that at the time of the incidents that caused his discharge he was dealing with personal issues related to PTSD, anxiety, and depression.  He received two DUIs while seeking treatment and was not referred to ASAP in accordance with the Army regulation; instead he was made an example for his two DUI incidents and discharged.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		20 March 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			1 March 2012
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, 14-12c 						JKQ, RE-3        
e. Unit of assignment:			76th Engineer Company, Fort Knox, KY
f. Enlistment Date/Term:		15 August 2011, term NIF
g. Current Enlistment Service:	6 months, 17 days
h. Total Service:			4 years, 11 months, 13 days
i. Time Lost:				None
j. Previous Discharges:		RA (070319-110814), HD					
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	91B10, Wheel Vehicle Mechanic
m. GT Score:				120
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Iraq (090909-100530)
q. Decorations/Awards:		AAM, AGCM, NDSM, ICM-CS, 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 March 2007.  His DD Form 214 indicates he reenlisted on 14 August 2011 for an undetermined period; his contract is not contained in the record.  His Enlisted Record Brief shows an Expiration Term of Service of 20 November 2013.  At the time of this reenlistment, the applicant was 40 years old and a high school graduate. He served a total of 4 years, 11 months, and 13 days of active duty service that included a tour in Iraq.  His most significant award was an AAM.
SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 9 January 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-commission of a serious offense, specifically for the following offenses:

      a. Speeding and driving under the influence (110814)
b. Driving on a suspended/revoked license (111002)
c. Failing to maintain motor vehicle insurance (111002)
d. Driving under the influence (111002)

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 19 January 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted 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 separation with a general, under honorable conditions discharge.  

4.  On 13 February 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 1 March 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 service record contains no evidence of lost time.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  The record does not show any actions under Article 15 of the Uniform Code of Military Justice.  However, the applicant achieved the rank of SPC/E-4 and was discharged as a PVT/E-2.  The action that reduced him in rank is not contained in the record.

2.  One undated negative counseling statement, informing the applicant about initiation of separation proceedings; page 2 of this counseling is not in the record.  

3.  A General Officer Memorandum of Reprimand dated 2 December 2011, for driving under the influence (DUI).

4.  A Civilian Police Report dated 5 October 2011 for DUI (first offense).

EVIDENCE SUBMITTED BY THE APPLICANT 

Medical documents (22 pages), VA service-connected disability decision.  


POST-SERVICE ACTIVITY: 

The applicant states that he has not had a drink since his discharge and is attending Alcoholic Anonymous (AA).

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 and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

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

3.   The applicant contends that he was made an example, was not referred to ASAP and was a stellar Soldier.  However, AR 600-85, paragraph 7-10 indicates the applicant could have self-referred himself immediately following his first DUI incident.  Further, his record contains an unsigned counseling statement from the First Sergeant that indicates the applicant had been through the Army Substance Abuse Program.  The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   The character of the applicant’s discharge is commensurate with his overall service record.  

4.  The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of the discharge proceedings were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by his repeated incidents of serious misconduct of  driving under the influence, speeding, driving with a suspended license and without insurance.

5.  The applicant also contends the Veterans Administration has granted him a service connected disability for Post-Traumatic Stress Disorder (PTSD).  However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted.  The record shows that on 17 August 2011, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  Moreover, there are many Soldiers with the same condition that completed their service successfully.

6.  Finally, the applicant is to be commended for his efforts to stay alcohol free and for attending AA.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted.  

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: 	10 May 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:			No Change
Grade Restoration to:			NA
Change Authority for Separation:		No Change






























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 20130005879

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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