IN THE CASE OF:  	Mr. 

      BOARD DATE:  	30 October 2013

      CASE NUMBER:  	AR20130007434
___________________________________________________________________________

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, that his discharge is inequitable and it occurred during a brief time in his military career.  He was an E-5 at the time, and never had a negative counseling before this time.  He also had recently reenlisted in the Army.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		15 April 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			24 June 2011
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14-12b 						JKA, RE-3
e. Unit of assignment:			E Co, 4th BCT, HQ’s 101st Abn Div, Ft. Campbell, KY
f. Current Enlistment Date/Term:	30 January 2009, 6 years 
g. Current Enlistment Service:	2 years, 4 months, 25 days
h. Total Service:			4 years, 7 months, 21 days
i. Time Lost:				3 Days (AWOL)
j. Previous Discharges:		RA/061101-090129)/HD
k. Highest Grade Achieved:		E-5
l. Military Occupational Specialty:	11B10, Infantryman
m. GT Score:				95
n. Education:				HS graduate
o. Overseas Service:			SWA
p. Combat Service:			Afghanistan (20080311-20090314)
q. Decorations/Awards:		ARCOM, NDSM, ACM-CS, GWOTSM, ASR, OSR						NATOMDL, CIB, NPDR
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes
t. Counseling Statements:		Yes	
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant's record shows he enlisted in the Regular Army on 1 November 2006 for a period of 5 years, 19 weeks.  He was 21 years old at the time and a high school graduate.   The applicant served a one year combat deployment in Afghanistan.  He achieved the rank of SGT/E-5.  His awards include an ARCOM, NDSM, ACM-CS, GWOTSM, NATOMDL, and a CIB.  When his discharge proceedings were initiated, he was serving at Fort Campbell, KY.    


SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 1 June 2011, 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 failing to be at his appointed duty on several occasions and for being AWOL from 10 September 2010 to 13 September 2010. 

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 8 June 2011, the applicant waived 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 17 June 2011, 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 24 June 2011, 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 shows he was AWOL during the period 10 September 2010 through 12 September 2010.  He surrendered and returned to military control.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 3 March 2011, for being AWOL (100911-100913); FTR (100830); disrespectful in deportment toward an NCO; and making a false statement to an NCO (100909).  Punishment consisted of reduction to E-4, forfeiture of $1,047.00 for two months (suspended until 110601), extra duty 45 days, 45 days restriction (suspended 110601) FG.     

2.  Fourteen negative counseling statements, dated between 9 September 2010 and 19 May 2011, for failing to report several times, disrespect to an NCO, making a false statement to an NCO, refusal to sign a statement, debt avoidance, and failure of the ASAP program.

3.  One below standard NCOER with the ending period 31 July 2010, reflecting ratings and comments that showed that the applicant had little potential as an NCO.

4.  Documents reflecting the applicant’s AWOL status (100910-100912).

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293, dated 11 April 2013; a DD Form 214; two statements of support; and four awards/commendations.
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 an Article 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 had good service prior to the period in which his misconduct occurred.  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.  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.  [If appropriate]

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review    Date:  30 October 2013   Location: Washington, DC

Did the Applicant Testify?  No 

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	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130007434



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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