IN THE CASE OF:  	Mr. 

      BOARD DATE:  	25 October 2013

      CASE NUMBER:  	AR20130006970
___________________________________________________________________________

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 reason for 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 to change the narrative reason for separation to secretarial authority.

2.  The applicant states, in effect, that he would like to have his military records reviewed in all fairness of the board hearing.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		10 April 2013
b. Discharge Received:		Honorable 
c. Date of Discharge:			30 July 2012
d. Reason/Authority/SPD/RE:		Misconduct, (Serious Offense) Chapter 14-12c, JKQ 						RE-3
e. Unit of assignment:			HHC, 419th CSSB, Irvine CA 
f. Current Enlistment Date/Term:	9 April 2009, 6 years
g. Current Enlistment Service:	3 years, 3 months, 21 days 
h. Total Service:			16 years, 11 months, 28 days
i. Lost time:				None 	
j. Previous Discharges:		USAR/950802-950926/NA  									ADT/950927-960129/UNC										USAR/960130-960430/NA										RA/960501-020103/HD										USAR/020104-030626/NA										USAR/030627-090408/NA
k. Highest Grade Achieved:		E-7	
l. Military Occupational Specialty:	88N40, Transportation Management Coordinator  
m. GT Score:				111
n. Education:				HS Graduate
o. Overseas Service:			SWA, Germany, Hungary
p. Combat Service:			Iraq (040307-050306), (081115-091001); Kuwait 						(060723-070722)
q. Decorations/Awards:		ARCOM-4, AAM-2, AGCM-5, NDSM, GWOTSM 						ASR, NMDL, OSR, 
r. Administrative Separation Board: 	Yes
s. Performance Ratings:		Yes
t. Counseling Statements:		No	
u. Prior Board Review:			No


SUMMARY OF SERVICE:		
	
The applicant's record shows he enlisted in the Army Reserve on 27 September 1995, and then reenlisted in the RA on 1 May 1996, and served until 3 January 2002.  He later enlisted in the USAR on 28 September 2003, and served until 30 July 2012.  He was a high school graduate at the time of his enlistment.  The record shows he served two combat tours in Iraq, a tour in Hungary, and a tour in Kuwait.  He earned several awards that included four ARCOMs, two AAM’s, and a NATO Medal.  At the time of his discharge proceeding were initiated, he was serving in the USAR at Fort Irwin, CA.  He served for over 16 years.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct, (serious offense), specifically for two DUI violations (080604,100227), and entering a foreign country without prior authorization and making a false statement to border control officials (0810). 

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

3.  On 31 August 2011, the applicant consulted with legal counsel and requested personal appearance before an administrative separation board.  The applicant did not submit a statement on 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 an under other than honorable conditions discharge.  

4.  On 20 December 2011, the applicant was notified to appear before an administrative separation board and advised of his rights.  

5.  On 27 January 2012, the administrative separation board convened and the applicant appeared with counsel.  The board recommended the applicant’s discharge with characterization of honorable service.  

6.  On 31 March 2012, the separation authority approved the recommendation of the administrative separation board and directed the applicant’s discharge with a characterization of honorable.

7.  The applicant was discharged from the Army on 30 July 2012, with a characterization of honorable under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), a Separation Program Designator code (SPD) of JKQ and an RE code of 3. 

8.  The applicant’s record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The applicant’s record contained several below standard NCOERs received since the rank of SSG to his present grade.  The reports reflected that applicants misconduct as it pertained to his discharge. 

EVIDENCE SUBMITTED BY THE APPLICANT:

1.  The applicant provided copies of several awards and commendations he received during his time of service. 

2.  Three DD Form 215s.

3.  Several character statements in support of his appeal to change the narrative of his discharge. 

POST-SERVICE ACTIVITY: 

Per his self-authored statement, the applicant states he completed his associates degree in Management and Supervision and has accreditation letter from the American Legion, proudly serving as an advocate for veterans.

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 narrative reason for separation for his discharge was carefully considered.  However, after examining his military records and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the narrative reason for separation.   

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 pattern of misconduct, the applicant diminished the quality; however, he was granted a characterization of honorable service for his 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 that he would like to have a fair review of the administrative separation board’s recommendation.  The separation board recommended the applicant’s discharge with characterization of honorable service.  There is insufficient evidence to change the narrative reason for separation. 

5.  The third party statements provided with the application speak highly of the applicant’s performance.  They all recognize his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant’s chain of command.  As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity.

6.  The records show the proper discharge and separation authority procedures were followed in this case.  

7.  Therefore, the narrative reason for separation is both proper and equitable, recommend the Board deny relief.



SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date:  25 October 2013      Location: Washington, DC

Did the Applicant Testify?  No 

Counsel:  The American Legion, Attn: Mr. Larry Provost, Military Boards Unit, 1608 K Street NW, Washington, DC 20006

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)		AR20130006970



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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