IN THE CASE OF:  	Mr. 

      BOARD DATE:  	9 October 2013

      CASE NUMBER:  	AR20130005901
___________________________________________________________________________

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 characterization from general, under honorable conditions to fully honorable.

2.  He states, in effect, that he got discharged on the same day of his original ETS date.  He served his country for 3 years and went to Afghanistan for 12 months.  He deserves to have an honorable discharge. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		21 March 2013
b. Discharge Received:		General, under honorable conditions 
c. Date of Discharge:			25 May 2012
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, Chapter 14-12b, JKA, RE-3
e. Unit of assignment:			B Co, 426 BSB, Fort Campbell, KY
f. Current Enlistment Date/Term:	5 November 2008, 3 years, 27 weeks
g. Current Enlistment Service:	3 years, 6 months, 8 days 
h. Total Service:			3 years, 6 months, 8 days
i. Time Lost:				13 days 
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	91J10, Quartermaster and Chemical Specialist
m. GT Score:				91
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Afghanistan (100514-110425)
q. Decorations/Awards:		ARCOM, NDSM, ACM-w/CS, GWOTSM, ASR, OSR, 						NATO MDL, VUA, MUC
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes	
u. Prior Board Review:			None

SUMMARY OF SERVICE:		
	
The applicant's record shows he enlisted in the Regular Army on 5 November 2008, for a period of 3 years and 27 weeks.  He was 21 years old at the time and was a high school graduate.  The record shows he served a combat tour in Afghanistan and earned an ARCOM.  At the time his discharge proceeding were initiated he was serving at Fort Campbell, KY.  He served for 3 years, 6 months, and 8 days.  





SEPARATION FACTS AND CIRCUMSTANCES

1.  On 4 May 2012, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of a pattern of misconduct; specifically for:

	a.  receiving an Article 15 for failure to pay debts (111115).
	b.  lying to a NCO about having 48 hour quarters (111130).
	c.  lying to an NCO about going to the ER and falsifying a sick call slip (111205).
	d.  lying to an NCO about being at the urgent care clinic (111206).

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and informed the applicant of his rights.

3.  On 9 May 2012, the applicant waived consulting with 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 of a general, under honorable conditions discharge.  

4.  On 11 May 2012, the separation authority, waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions under the provisions of AR 635-200, paragraph 14-12b, for a pattern of misconduct.  

5.  The applicant was separated on 25 May 2012, under Army Regulation 635-200, Chapter 14-12b (Pattern of Misconduct), with a general, under honorable conditions discharge, an SPD code of JKA and an RE code of 3.

6.  The applicant’s record shows 13 days of lost time (090519-090601), as a result of military confinement.  He was retained under Title 10, USC 972.   

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  On 17 June 2009, received a Company Grade Article 15, for going AWOL (090519-090602).  The punishment imposed consisted of a reduction to E-2, forfeiture of $326.00 pay, and extra duty for 2 days.  

2.  On 5 August 2009, received a Field Grade Article 15 for going AWOL (090703-090707).  The punishment imposed consisted of a reduction to E-1, forfeiture of $699.00 pay per month for two months, 45 days extra duty and restriction and an oral reprimand.  

3.  On 15 November 2011, received a Company Grade Article 15, for writing two bad checks for the amounts of $600.00 (100316) and $850.00 (100322), and failing to pay two debts for the amounts of $370.00 (110830) and $1,744.28 ((between 110909 and 111005).  The punishment imposed consisted of a reduction to E-3 and 14 days extra duty.

4.  Numerous negative counseling statements covering the period 3 June 2009 through
2 March 2012, for failures to report, indebtedness, missing his court date, lying to NCOs. AWOL, and insubordination towards NCOs and officers.

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 and the reason for his discharge were carefully considered.  However, after examining his military records and the issues submitted with the application, there are insufficient 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 serious misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge.  The applicant’s service was marred by a general court-martial for multiple specifications of assault and communicating a threat.  

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance.  

4.  The applicant contends that he was discharged on his original ETS date, served in combat, and deserves an honorable discharge.  The applicant’s in-service accomplishments and the quality of his service during the initial portion of the enlistment under review were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge.   Moreover, the Board does not grant relief for the purpose of gaining or enhancing employment opportunities.

5.  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.  

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:  9 October 2013     Location: Washington, DC

Did the Applicant Testify?  NA

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 Authority for Separation:	NA
Change RE Code to:		NA
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)		AR20130005901



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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