IN THE CASE OF:  	

      BOARD DATE:  	23 October 2013

      CASE NUMBER:  	AR20130007317
___________________________________________________________________________

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 honorable.  

2.  The applicant states, in effect, since his discharge, he has enlisted into the U.S. Marne Corps and completed four combat tours and has never received any non-judicial punishment during his tour.  He has received 19 wards during his current enlistment and feels that this is a worthy reason to upgrade his discharge to honorable.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		12 April 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			25 August 2003
d. Reason/Authority/SPD/RE:		Misconduct, AR 635-200, Chapter 14-12c, JKQ, RE-3
e. Unit of assignment:			209th MP Co, 519th MP Bn, Ft Polk, LA
f. Current Enlistment Date/Term:	10 October 2002, 5 years
g. Current Enlistment Service:	0 years, 10 months, 16 days 
h. Total Service:			0 years, 10 months, 16 days
i. Lost time:				None 
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2	
l. Military Occupational Specialty:	95B10, Military Police 
m. GT Score:				100
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None 
q. Decorations/Awards:		NDSM, 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 service record shows he enlisted in the Regular Army on 10 October 2002; he was 18 years old and a high school graduate.  He attended basic and advanced individual training at Fort Leonard Wood, MO and was trained in and awarded military occupational specialty (MOS) 95B10, Military Police.  His record documents no acts of valor or significant achievement.  


SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 21 July 2003, 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, for the commission of serious offenses; specifically he knowingly assisted his wife, whom he knew to be a deserter from the Army, by informing his chain of command that she had been medically discharged.  

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 July 2003, the applicant waived legal counsel, was advised of the impact of the discharge action, 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 a general, under honorable conditions discharge.  

4.  The separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions under the provisions of AR 635-200, paragraph 14-12c, for the commission of a serious offense.

5.  The applicant was separated from the Army on 25 August 2003, under Army Regulation 635-200, Chapter 14-12c (Misconduct), with a general, under honorable conditions discharge, an SPD code of JKQ and an RE code of 3.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 1 July 2003, for knowingly assisting his wife, whom he knew to be a deserter from the Army, by informing his chain of command that she had been medically discharged (030421).  The punishment consisted of reduction to the grade of E-1, forfeiture of $268.00 (suspended), 14 days extra duty, 14 days restriction (CG).

2.  One negative counseling statement dated 10 June 2003, for violation of Article 78 (accessory after the fact), (assisting a deserter).

3.  Several documents pertaining to an investigation in reference to assisting his spouse who was a know deserter from the US Army.  

EVIDENCE SUBMITTED BY THE APPLICANT:

A DD Form 293, in lieu of a DD 149, dated 18 February 2013; a DD Form 214; and documents reflecting the applicant’s individual record while serving in the U.S. Marine Corps.

POST-SERVICE ACTIVITY: 

The applicant states that in 2005, he reenlisted in the US Marine Corps, completed four combat tours, received 19 awards and had no adverse actions.    

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 the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are insufficient mitigating 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 serious misconduct, the applicant diminished the quality of his service below that meriting an honorable 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 he has proven worthy of an upgrade of his discharge based on his outstanding service in the U.S. Marine Corps since his discharge.  The Army Discharge Review Board is authorized to consider post-service factors in the re-characterization of a discharge.  However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in life subsequent to leaving the service.  Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered during Board proceedings.  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.

5.  The 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: 23 October 2013        Location: Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

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 Authority for Separation:		No Change
Change RE Code to:			No Change	
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)		AR20130007317



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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