IN THE CASE OF:  	

      BOARD DATE:  	16 October 2013

      CASE NUMBER:  	AR20130006470
___________________________________________________________________________

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.  He states, in effect, he was discharged for an offense he wasn't even convicted of; the charges were dropped to a lesser charge of careless and reckless driving.  He really wants to be a firefighter and go to school using his G.I. bill.  He has not been in any trouble since this incident.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		1 April 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			4 June 2012
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200 							Chapter 14, paragraph 14-12c, JKQ, RE-3
e. Unit of assignment:			B Battery, 2-319th Airborne Field Artillery Regiment 						2nd Brigade Combat Team, Fort Bragg, NC
f. Current Enlistment Date/Term:	6 August 2008, 4 years and 20 weeks
g. Current Enlistment Service:	3 years, 9 months, 15 day
h. Total Service:			3 years, 9 months, 15 day
i. Lost time:				13 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	13B1P, Cannon Crewmember
m. GT Score:				123
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (110529-111125)
q. Decorations/Awards:		ARCOM, AAM, AGCM, NDSM, ICM-W/CS 							GWOTSM, AFSM, HSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:		

The applicant's record shows he enlisted in the Regular Army on 6 August 2008, for a period of 4 years and 20 weeks.  He was 18 years old at the time of entry and a HS Graduate.  He was trained in and awarded military occupational specialty (MOS) 13B1P, Cannon Crewmember.  His record also shows he served a combat tour and earned several awards including an ARCOM, AAM and an AGCM.  He was serving at Fort Bragg, NC, when his discharge was initiated.  He achieved the rank of SPC/E-4.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 7 May 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense.  Specifically for the following offenses:

     a.  being charged with fleeing to elude arrest with a motor vehicle from the Fayetteville Police Department (120214)

     b.  being charged with aggressive driving (120214)

     c.  being charged with speeding after the Fayetteville Police Department attempted to initiate a traffic stop (120214)

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 8 May 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and indicated he intended to submit a statement on his behalf.  However, he failed to submit matters within the allotted time.  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 8 May 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 from the Army on 4 June 2012, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), a Separation Program Designator code (SPD) of JKQ and an RE code of 3. 

6. The record does not show any recorded actions under the Uniform Code of Military Justice (UCMJ).   

7.  The applicant’s record of service indicates 13 days of time lost for being confined by civil authorities from 14 February 2012 until 27 February 2012.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  He received two negative counseling statements dated 27 February 2012 and 7 March 2012, for disobeying an order and initiation Chapter 14 separation action.

2.  The record of evidence contains a Military police Report, dated 14 February 2012, which indicated the applicant was under investigation for several off post traffic violations.

3.  The record of evidence also contains District Court Documents, Cumberland County, dated 14 February 2012 for several traffic violations.

EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant provided an online application, self-authored statement, two pages, Cumberland County Court Disposed Indictment, three pages, Birth Certificate, Letter, Social Security Administration/with Social Security Card, and a Chapter 14 discharge packet, forty-six pages.

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 documents 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 of his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by two negative counseling statements, a Military Police Report and court documents.

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 he was discharged for an offense he wasn't even convicted of; the charges were dropped to a lesser charge of careless and reckless driving.  However, Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when action is taken that is tantamount to a finding of guilty, if a punitive discharge is authorized for the same or a closely related offense under the Manual for Courts Martial

5.  Further, 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.  The applicant further contends he really wants to be a firefighter and go to school using his GI Bill.  The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

7.  Also, 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.

8.  The applicant additionally contends he has not been in any trouble since this incident.  The applicant is to be commended for his effort.  However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued.  

9.  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:  16 October 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 RE Code to:			No Change
Grade Restoration to:			NA
Change Authority for Separation:		No Change
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)		AR20130006470



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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