IN THE CASE OF:  	Mr. 

      BOARD DATE:  	18 September 2013

      CASE NUMBER:  	AR20130006505
___________________________________________________________________________

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 general, under honorable conditions discharge to honorable.
 
2.  The applicant states, in effect, that he was he was chaptered out of the Army because his spouse at the time, charged around $6,000.00 to his government credit card.  He took the blame for the incident, but because of other problems his spouse had caused, the first sergeant pushed to have him chaptered out of the Army.  The money has since been paid back.  This was the only type of disciplinary action he has had in 8 years of service.  His regrets what happened and he served his country proudly.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		1 April 2013	
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			31 August 1999	
d. Reason/Authority/SPD/RE Code:	Misconduct, AR 635-200, 14-12c, 								JKQ, RE-3	
e. Unit of Assignment:			C Company, 9th Psychological Operations Battalion 						(Airborne), Fort Bragg, NC	
f. Current Enlistment Date/Term:	16 February 1999, 6 years 
g. Current Enlistment Service:	0 years, 6 months, 15 days
h. Total Service:			8 years, 0 months, 17 days
i. Time Lost:				None
j. Previous Discharges:		RA (910814-930609), HD										RA (930610-951108), HD										RA (951109-990215), HD
k. Highest Grade Achieved:		E-6
l. Military Occupational Specialty:	37F2P, PSYOP Specialist
m. GT Score:				112
n. Education:				HS Graduate	
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		ARCOM, AAM-2, AGCM-2, NDSM, AFEM, 							GWOTSM, HSM, NPDR-2, ASR, JMUA, ASUA
r. Administrative Separation Board: 	No	
s. Performance Ratings:		Yes
t. Counseling Statements:		Yes
u. Prior Board Review:			No


SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 14 August 1991, for a period of 2 years and 17 weeks.  He was 20 years old at the time of entry and a high school graduate.  He reenlisted three times.  He was serving at Fort Bragg, NC when his discharge was initiated.  His record contains an ARCOM, AAM,-2, AGCM-2, and NDPR-2.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 28 July 1999, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, paragraph 14-12c, for misconduct, commission of a serious offense, for repeatedly violated a lawful general order by wrongfully charging personal items and services to his NationsBank VISA Government Charge Card (between 981101-990504).

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

3.  On 29 July 1999, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, and indicated he would not submit a statement in his own 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 13 August 1999, 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 separated on 31 August 1999, under Army Regulation 635-200, Chapter 14-12c, with a general, under honorable conditions discharge, an SPD code of JKQ, and an RE code of 3.               

6.  The applicant’s record does not contain any AWOL or lost time.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Six NCOERs covering the period June 1995 through July 1999.  Five of the six NCOERs were successful; however, the NCOER cover the period December 1998 through July 1999 reflected the above misconduct.

2.  A FG Article 15, dated 12 July 1999, for wrongfully charging personal items and services to his NationsBank VISA Government Charge Card (between 981101-990524).  The punishment imposed consisted of a reduction to E-5, and forfeiture of $807.00 pay per month for two months, suspended.

3.  Two DA Forms 1059 for successfully completing the Primary Leadership Development Course (PLDC) on 29 June 1995 and the Basic Noncommissioned Officer Course (BNCOC) on 24 February 1998.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, DD Form 214, and a character reference. 

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 his characterization, the reason for his discharge and reentry code was carefully considered.  However, after examining his military records, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or change the reason for his 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 serious 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 contends he was chaptered out of the Army because his spouse misused his government credit card.  The applicant’s contentions were considered; however, he was ultimately responsible for his government credit card.  The misuse was considered as a departure from the standards of conduct expected of Soldiers in the Army.  Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance such as this provides the basis for a characterization.  

5.  The applicant contends that he had eight good years of service.  The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding 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 the repeated incidents of misconduct or the documented actions under Article 15 of the Uniform Code of Military Justice.

6.  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. 

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:  18 September 2013     Location: Washington, DC

Did the Applicant Testify?  NA

Counsel: None

Witnesses/Observers: NA

Board Vote:
Character Change:  2	No Change:  3
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)		AR20130006505



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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