IN THE CASE OF:  	Mr. 

      BOARD DATE:  	23 September 2013

      CASE NUMBER:  	AR20130006648
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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 honorable.

2.  The applicant states, in effect, that since his initial discharge he has served honorably and his service includes a combat tour in Iraq.  He would like to improve the quality of his life and is now pursuing a college degree in Criminal Justice.  He feels that a change in his discharge will benefit his future career.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		8 April 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			9 April 1998
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, Chapter 14, paragraph 14-12b, 					JKA, RE-3
e. Unit of assignment:			C Btry, 3d Bn, 6th FA Regiment, Fort Drum, NY
f. Current Enlistment Date/Term:	9 October 1996, 4 years
g. Current Enlistment Service:	1 year, 6 months, 1 day
h. Total Service:			5 years, 7 months, 23 days
i. Time Lost:				None
j. Previous Discharges:		RA (931129-961008), HD
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	13B10, Cannon Crewmember
m. GT Score:				93
n. Education:				HS graduate
o. Overseas Service:			NIF
p. Combat Service:			NIF
q. Decorations/Awards:		NDSM, ASR, OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		None	
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant's record shows he enlisted in the Regular Army on 29 November 1993 and on 
9 October 1996 he reenlisted for a period of 4 years.  He was 22 years old at the time of his reenlistment and was a high school graduate.  When his discharge proceeding were initiated he was serving at Fort Drum, NY.  He served a total of 5 years, 7 months and 23 days and his record documents no acts of valor or significant achievement.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 13 March 1998, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of pattern of misconduct; specifically for:

      a. Counseled for living in military housing without proper authority
      b. Counseled for failure to report to his designated place of duty on 5 occasions
      c. Counseled twice for not being in the proper uniform 
      d. Counseled for not having his dress uniform fitted and ready for inspection
      e. Being arrested for driving while intoxicated and breach of the peace (980121)
      f.  Counseled for dereliction of duty
      
2.  Based on the above pattern of misconduct, the unit commander recommended a general, under honorable conditions discharge and informed the applicant of his rights.

3.  On 24 March 1998, the applicant consulted with legal counsel, was advised of the impact of the discharge action and indicated he would 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 30 March 1998, 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 9 April 1998, under Army Regulation 635-200, paragraph 14-12b, for a 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 does not show any time lost or unauthorized absences.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  General Officer Memorandum of Reprimand dated 17 February 1998, for driving under the influence and breach of peace.

2.  The applicant achieved the grade of E-4; however, he was discharged as an E-2.  The action that reduced him in grade is not contained in the record.

EVIDENCE SUBMITTED BY THE APPLICANT: 

NGB Form 22 and an email from his counsel.


POST-SERVICE ACTIVITY:     

The applicant served in the Army National Guard for a little over 8 years between 30 July 2002 and 5 September 2010, achieved the rank of SGT/E-5, and was discharged honorably.  He received an AAM, an AGCM, and a CAB during his service in the ARNG.

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 records, the documents, and the issues submitted with the application, there are insufficient factors to merit an upgrade of the applicant's discharge.  

2.  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 misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  

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.  He contends that since his initial discharge he has served honorably for over 8 years in the ARNG which included a combat tour in Iraq.  However, the Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.  In review of the applicant’s entire service record and the reasons for the discharge, it appears that his post-service accomplishments in the ARNG did not overcome the reason for discharge and characterization of service granted.  

5.  The applicant would like to improve the quality of his life and is now pursuing a college degree in Criminal Justice.  He feels that a change in his discharge will benefit his future career.  However, 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.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.

6.  The record contains no evidence of arbitrary or capricious actions by the applicant’s command, all requirements of law and regulation were met, and his rights were fully protected throughout the separation process.  His records show the proper discharge and separation authority procedures were followed in this case.

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: Personal Appearance  Date:  23 September 2013  Location: Washington, DC

Did the Applicant Testify?  	Yes

Counsel:  The American Legion Mr. Larry Provost, 1608 K Street, Washington DC 20006

Witnesses/Observers:  None









DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE

1.  The applicant submitted no additional documents or contentions.

In addition to the evidence in the record, the Board carefully considered the testimony presented by the applicant at the personal appearance hearing.

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 RE Code to:		NA
Grade Restoration to:		NA
Change Authority for Separation:	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	UOTH - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR 20130006648

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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