IN THE CASE OF:  	Mr. 

      BOARD DATE:  	9 October 2013

      CASE NUMBER:  	AR20130006854
___________________________________________________________________________

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:

The applicant requests an upgrade of his discharge characterization from general, under honorable conditions to fully honorable.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		8 April 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			10 October 2012
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14-12b 						JKA, RE-3
e. Unit of assignment:			HHC, 4th Battalion, 70th Armor Regiment, 170th 						Infantry Brigade Combat Team, APO AE 09034
f. Current Enlistment Date/Term:	20 January 2009, 5 years, 23 weeks
g. Current Enlistment Service:	3 years, 8 months, 21 days
h. Total Service:			3 years, 8 months, 21 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	92F10, Petroleum Supply Specialist
m. GT Score:				110
n. Education:				GED
o. Overseas Service:			Germany, SWA
p. Combat Service:			Afghanistan (110207-111028)
q. Decorations/Awards:		ARCOM, NDSM, ACM-w/CS-2, GWOTSM, ASR 						OSR, NATO MDL, CAB
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 Regular Army on 20 January 2009 for a period of 5 years and 23 weeks.  He was 25 years old at the time and had a high school equivalency (GED).  The applicant’s record shows he was awarded an ARCOM.  When his discharge proceedings were initiated, he was serving in Germany.  

SEPARATION FACTS AND CIRCUMSTANCES

1.  On 29 August 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 negative counseling for various infractions (between 1105 -1205).
	b.  being apprehended for violating a lawful general regulation by driving an      	    		     unregistered vehicle without a valid USAREUR driver’s license.
	c.  failing to pay his debt, in which the creditor had to notify his chain of command three 		     times in two months.
	d.  failing to follow an order given to him by a senior NCO.
	e.  fleeing the scene of an accident, violating a traffic law by speeding over the speed 		     limit, and failing to pay his traffic ticket.
	f.  reporting late to his appointed place of duty on various occasions. 
	g.  receiving a Company Grade Article 15 on 28 November 2011, for assaulting CPL S  		     by punching him in the face three times with a closed fist. 
	h.  receiving another Company Grade Article 15 on 2 February 2011, for failing to report 	     to his appointed place of duty on four separate occasions, failing to obey a lawful 		     general regulation, and making a false official statement.

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 9 August 2012, the applicant requested legal counsel, was advised of the impact of the discharge action, and submitted 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 6 September 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 separated on 10 October 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.

6.  The applicant’s record does not show any time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  On 2 February 2011, the applicant received a Company Grade Article 15 on for failing to report to his appointed place of duty on four separate occasions, for failing to obey a lawful general regulation, and for making a false official statement.  The punishment imposed consisted of a reduction to E-2, forfeiture of $200.00 pay, extra duty for 14 Days and restriction, and a written reprimand.

2.  A Military Police Report, dated 4 November 2011, for assaulting CPL S.   

3.  On 28 November 2011, the applicant received a Company Grade Article 15 for assaulting CPL S by punching him in the face three times with a closed fist.  The punishment imposed consisted of a reduction to E-1, suspended, forfeiture of $342.00 pay, suspended, extra duty for 14 Days, suspended, and an oral reprimand.

4.  A Military Police Report, dated 23 August 2012, for being apprehended for violating a lawful general regulation by driving an unregistered vehicle without a valid USAREUR driver’s license
and violating a traffic law by speeding.   

5.  Numerous negative counseling statements covering the period 27 September 2010 through 29 May 2012, for failing to report, disrespecting a NCO, receiving a bar to reenlistment, lying to a NCO, traffic violations, being in debt, causing domestic issues, illegally parking, grand theft auto, failing to follow instructions, being in the wrong PT uniform, and fleeing the scene of an accident.

EVIDENCE SUBMITTED BY THE APPLICANT 

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

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 numerous 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 requests an honorable characterization.  However, by regulation, a UOTHC discharge is normally appropriate for a member separated by reason of misconduct.  It appears the applicant’s generally good record of service was the basis for him receiving a GD instead of the normal UOTHC discharge.  

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

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:  9 October 2013     Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

Witnesses/Observers:  	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 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)		AR20130006854



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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