IN THE CASE OF:  	

      BOARD DATE:  	25 September 2013

      CASE NUMBER:  	AR20130006557
___________________________________________________________________________

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 states, in effect, that he is requesting a change of discharge so that he may receive proper benefits to better himself, his family, and his community.  He feels that his discharge was improper because it was based on a few minor incidents after two combat tours and 84 months of service.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		1 April 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			27 July 2012
d. Reason/Authority/SPD/RE:		Physical Condition, Not a Disability, AR 635-200 						Chapter 5-17, JFV, RE-3
e. Unit of assignment:			A Company, 299th Brigade Support Battalion, 2nd 						Heavy Brigade Combat Team, 1st Infantry Division 						Fort Riley, KS
f. Current Enlistment Date/Term:	19 February 2010, 3 years
g. Current Enlistment Service:	2 years, 4 months, 14 days
h. Total Service:			5 years, 4 months, 2 days
i. Time Lost:				25 days
j. 7 years, 3 months, 3 days
k. Previous Discharges:		RA (070301-100218), HD										RA (000627-020531), GD 
l. Highest Grade Achieved:		E-4
m.  Military Occupational Specialty:	89B10, Ammunition Specialist
n. GT Score:				91
o. Education:				GED
p. Overseas Service:			Korea, SWA
q. Combat Service:			Iraq (081008-090918 and 101108-111026)
r. Decorations/Awards:		ARCOM, AGCM, NDSM, ICM-w/CS-2, GWOTSM 						ASR, OSR-2, MUC
s. Administrative Separation Board: 	No
t. Performance Ratings:		None
u. Counseling Statements:		Yes
v. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant initially enlisted in the Regular Army on 27 June 2000, for a period of 4 years.  He was 17 years old at the time of entry and had a high school equivalency (GED).  He served 


for 1 year, 11 months and 1 day before receiving a general, under honorable conditions discharge on 31 May 2002.  He received a waiver and reentered the Army on 1 March 2007 for 4 years  and reenlisted on 19 February 2010 for 3 years.  He was serving at Fort Riley, KS when his discharge was initiated.  His record shows he was awarded an ARCOM and a NDSM.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence contained in the applicant’s record indicates that on 8 June 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of other designated physical or mental condition, not a disability, specifically for having been diagnosed by competent medical authority with Adjustment Disorder with Anxiety and Avoidant Personality Disorder; AWOL (111101-111107); AWOL and failed to report on 9 different occasions (101227-111212); was disrespectful in language, deportment and disobeyed direct orders from three NCOs (111205, 111205, and 111205); wrongfully ordered a contraband substance (110811); was derelict in the performance of his duties by failing to wear an Advanced Combat Helmet while operating a HMMWV and without a truck commander (110120); and twice wrongfully using marijuana (between 110615-110714 and 111210-120110).

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 12 June 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than general, under honorable conditions 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 the separation with a general, under honorable conditions discharge.  

4.  The separation authority approved the conditional waiver request, 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 27 July 2012, with a characterization of service of general, under honorable conditions under the provisions of Chapter 5, paragraph 
5-17, AR 635-200, by reason of other designated physical or mental condition, not a disability,  a Separation Program Designator code (SPD) of JFV and an RE code of 3. 

6.  The applicant’s record of service indicates 25 days of time lost for being AWOL from 
1 November 2011 through 6 November 2011, 3 April 2012 through 4 April 2012, and 21 May 2012 through 7 June 2012.  The modes of return are unknown.  


EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  A Military Police Report, Dated 8 November 2010, stating the applicant tested positive for THC; however, he was deployed and was unable to come in for questioning.   

2.  On 26 February 2011, the applicant received a CG Article 15 for negligently operating a HMMWV without his Advanced Combat Helmet (110120), failing to follow a direct order from a NCO (110120), and was disrespectful in language and deportment towards a NCO (110120).  The punishment imposed consisted of 14 days extra duty and a written reprimand.  

3.  On 8 September 2011, the applicant received a FG Article 15 for wrongfully ordering a contraband substance while at Camp Liberty, Iraq (110811).  The punishment imposed consisted of a reduction to E-1, forfeiture of $783.00 pay per month for two months, and
45 days extra duty, 

4.  The record contains two positive urinalysis, both coded as IR (Inspection Random), dated 14 July 2010 and 10 January 2012, that were positive for marijuana.

5.  A memorandum to “Offer to Plead Guilty,” dated 5 March 2012.

6.  Numerous counseling statements covering the period 27 December 2010 through
12 December 2011, for failing to report to his appointed place of duty at the appointed time, AWOL, disrespecting NCOs, and informing him of the intent to recommend a chapter.

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293; a DD Form 214; a memorandum from the Army Continuing Education System in reference to the 20/30 rule, dated 29 November 2011; and a memorandum from the Veteran Affairs, dated 26 March 2013, informing the applicant that he does not qualify for the G.I. bill.

POST-SERVICE ACTIVITY: 

None provided with the application.

REGULATORY AUTHORITY  

1.  Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel, Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired. 

2.  AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. 
3.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after a careful review of all the available records for the period of enlistment under review, and the issue and documents he submitted, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with anxiety and avoidant personality.  The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other designated physical or mental condition not amounting to a disability, with a general, under honorable conditions discharge and informed the applicant as to the specific factors in the service record that would warrant such discharge.  

3.  The record confirms that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  

4.  The applicant contends that he had good service which included a few minor incidents after two combat tours and 84 months 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 by the multiple negative counseling statements and the documented actions under Article 15 of the Uniform Code of Military Justice.

5.  The applicant has expressed his desire to have better job opportunities and the benefits of the GI Bill.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  Further, 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.

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:  25 September 2013	Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

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)		AR20130006557



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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