IN THE CASE OF:  	Mr. 

      BOARD DATE:  	13 November 2013

      CASE NUMBER:  	AR20130006846
___________________________________________________________________________

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 characterization from general, under honorable conditions to fully honorable.

2.  The applicant states, in effect, that he would like to go to college and take advantage of his Veterans benefits.  He would also like to add his military service to his job so that he can benefit from the veterans preference point system.  He cannot do that until his discharge is changed.  He served his country in garrison and in theatre.  He completed his first contract and he was a good Soldier and never had any trouble on his military record until the last few months before he was terminated from the Army.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		8 April 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			7 June 2012
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14-12b, 						JKA, RE-3
e. Unit of assignment:			178th Engineer Company, 46th Engineer Battalion,
Fort Polk, LA 
f. Current Enlistment Date/Term:	9 February 2012, Term of Reenlistment-NIF
g. Current Enlistment Service:	3 months
h. Total Service:			6 year, 2 months, 28
i. Time Lost:				28 days
j. Previous Discharges:		RA 070208-120208/HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	12W10, Carpentry and Masonry
m. GT Score:				94
n. Education:				HS graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (081117-091116)
q. Decorations/Awards:		ARCOM, AGCM, NDSM, GWOTSM, ICM-CS, NPDR,
ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes	
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant’s record shows he enlisted in the US Army Reserve and was placed in the Delayed Entry/Enlistment Program on 9 February 2006; he was released from the program after serving 4 months, and 20 days and was assigned to Camp Robinson (ROA) North Little Rock, AR, effective 29 June 2006.  The applicant enlisted in the Regular Army on 8 February 2007, for a period of 4 years and reenlisted on 9 February 2012.  The reenlistment contract and the term of his reenlistment are not in the available record.  However, the applicant’s Enlisted Record Brief shows his expiration term of service date (ETS) as 8 December 2014.  He was 24 years old at the time of his reenlistment and a high school graduate.  He was assigned to the 178th Engineer Company, 46th Engineer Battalion, Fort Polk, LA.  He served a combat tour in Iraq and earned several awards that included an ARCOM, AGCM, and an ICM-CS.  He completed a total of 6 years, 2 months and 28 days of military service.  

SEPARATION FACTS AND CIRCUMSTANCES

1.  On 17 May 2012, 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.  receiving a Field Grade Article 15 on 9 May 2012, for failing to go to his appointed place of duty on divers occasions between (120229-120328)  

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

3.  On 23 May 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action; however, page 1 of the applicant’s election of rights memorandum is not contained in the available record and government regularity is presumed in the discharge process.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. 

4.  On 23 May 2012, the intermediate commander reviewed the proposed action and recommended approval of a general, under honorable conditions discharge.  

5.  On 23 May 2012, the separation authority, waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

6.  The applicant was separated on 7 June 2012, under the provisions of Army Regulation 635-200, Chapter 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. 

7.  The applicant’s DD Form 214 block 29 shows a period of lost time from (120229-120328) for a total of 28 days. The dates appear to coincide with the applicant’s charges of failing to go to his appointed places of duty as outlined in the Article 15 he received and the numerous counseling statements. 




EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  The applicant's disciplinary record includes his acceptance of nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), as follows:

      a.  On 9 May 2012, for failing to go to his appointed place of duty x 6 (120229), (120305), (120306), (120308), (120313), (120328).  His punishment consisted of reduction to E-1, forfeiture of pay in the amount of $745.00, extra duty and restriction for 45 days (FG)
      
2.  There are 6 negative counseling statements dated 30 March 2011 thru 29 February 2012, for failing to be at his appointed place of duty, failing to be at work call and failing to report.

3.  The applicant received a command referred mental status evaluation on 2 May 2012, and indicated to the Clinical Psychologist in Section VIII, entitled Additional Comments; that he received a Company Grade Article 15 in November 2011, for failing to report to work; however, it is not part of the available record.  He further stated he was referred to the Fort Polk ASAP program in October 2011, for alcohol related problems, but is currently not enrolled there.  The applicant was psychiatrically cleared for any administrative action deemed appropriate by the command. 

EVIDENCE SUBMITTED BY THE APPLICANT 

DD Form 214 for the period of service under review.  

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 the characterization of his discharge was carefully considered.  However, after examining his military records and the issues submitted with the application, there are insufficient 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 repeated incidents of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s service was marred by two Articles 15 for multiple violations of the Uniform Code of Military Justice and several negative counseling statements.

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 that he would like to go to college and take advantage of his Veterans benefits.  He cannot do that until his discharge is changed and he served his country in garrison and in theatre.  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.  Eligibility for Veteran's benefits to include medical and 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.  The applicant further contends that he would like to add his military service to his job applications so that he can benefit from the veterans preference point system.  The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

7.  Records show the proper discharge and separation authority procedures were followed in this case.

8.  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:  13 November 2013     Location:  Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers:  NA 

Board Vote:
Character Change:  1	No Change:  4
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	UOTH - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR 20130006846

Page 2 of 6 pages



ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1