IN THE CASE OF:  	

      BOARD DATE:  	4 September 2013

      CASE NUMBER:  	AR20130005932
___________________________________________________________________________

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 from general, under honorable conditions to honorable.

2.  The applicant did not submit any issues of equity or propriety to be considered by the Board.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date 		20 March 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			31 January 2005
d. Reason/Authority/SPD/RE Code:	Misconduct , AR 635-200, Chapter 14, paragraph 14-
      12b, JKA, RE-3
e. Unit of assignment:			62nd Quartermaster Company, 553rd Corps Support 						Battalion, Fort Hood, TX
f. Current Enlistment Date/Term:	11 January 2001, 4 years/extension of service was at 						the request and for the convenience of the 							government
g. Current Enlistment Service:	4 years, 20 days
h. Total Service:			4 years, 20 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	92A10, Automated Logistical Specialist
m. GT Score:				95
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 11 January 2001, for a period of 4 years.  He was 20 years old at the time of entry and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 92A10, Automated Logistical Specialist.  His record does not show he earned any award for acts of valor or meritorious achievements, and he achieved the rank of SPC/E-4.  He was serving at Fort Hood, TX when his discharge was initiated.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates on 5 January 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of a pattern of misconduct.  Specifically for the following offense:

     a.  continuing to operate his privately owned vehicle (POV) while privileges were suspended

     b.  being evicted from post quarters due to constant physical and verbal altercations between him and his spouse

     c.  failing to be at his appointed place of duty on numerous occasions

     d.  failing to obey a lawful order on numerous occasions

     e.  failing to adhere to the standards set forth by the United States Army on numerous occasions

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 5 January 2005, the applicant waived his right to consult with legal counsel (although the record shows he consulted with legal counsel), was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, contingent upon him receiving a characterization of service of no less favorable than general, under honorable conditions (although he was not entitled to a board) 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 12 January 2005, 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’s service record does not contain any evidence of unauthorized absences or time lost.  

6  The applicant was discharged from the Army on 31 January 2005, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for misconduct, a Separation Program Designator code (SPD) of JKA and an RE code of 3.



EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  An Article 15, dated 2 October 2002 for without authority, failing to go at the time prescribed to his appointed place of duty (0020920); the punishment consisted of extra duty for 14 days, (Summarized).

2.  An Article 15, dated 27 March 2003 for willfully disobeying a lawful order from SGT Y not to drive on post while privilege was revoked (030319); the punishment consisted of reduction to E-3 (suspended) and extra duty for 14 days, (CG).

3.  5 April 2003, the suspension of punishment of reduction to E-3, was vacated for the new offense of failing to go at the time prescribed to his appointed place of duty (030402).

4.  The record contains a Military Police Report dated 8 October 2004, indicated the applicant’s spouse was the subject of an investigation for possessing marijuana.

5.  He received 8 negative/performance counseling statements which were completed between 3 June 2004 through10 December 2004, for failing to report, implementing a no contact order, missing an appointment, no quarters visitations, marriage counseling/responsibilities, expected performance standards, termination of government quarters, and being recommended for separation action under Chapter 14-12b.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293; Letter, North Carolina Department of Administration, and a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant did not provide any 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 his military record, the issues and document 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 misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by two Articles 15, eight negative/performance counseling statements, and a Military Police Report.

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 did not submit any issues of equity or propriety to be considered by the Board.  

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:  4 September 2013     Location:  Washington, DC

Did the Applicant Testify:  No

Counsel:  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:	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)		AR20130005932



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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