IN THE CASE OF:  	Mr. 

      BOARD DATE:  	23 October 2013

      CASE NUMBER:  	AR20130007843
___________________________________________________________________________

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 from general, under honorable conditions to honorable.

2.  The applicant states, in effect, when he was stationed in Korea he was unable to adjust to the military life in Korea, because he did not have any family support or friends.  He never connected with anyone and was miserable for more than two years.  He even felt suicidal, but did not have the courage to go through with it.  Alcohol and “Juicy Girls” became his best friend.  One night God had a plan for him to eliminate five prostitute shops.  Though it was the hardest times in his life, he is glad he was the chosen one.  He met God during his pre-trial confinement.  He thought returning to Puerto Rico as a civilian would be an improvement; it was a huge mistake.  He was betrayed by his friends in Puerto Rico and his family put him on the streets. He is out of money and finding a job is impossible.  His discharge has made him unqualified for UCX benefits.  He believes his two and half years in the Army should mean something.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		18 April 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			22 November 2012
d. Reason/Authority/SPD/RE Code:	Misconduct (Civil Conviction), AR 635-200, 								Chapter 14 Section II/JKB/RE 3
e. Unit of assignment:			USA CP Tango Security P8
f. Current Enlistment Date/Term:	24 March 2010/ 3 years, 16 weeks
g. Current Enlistment Service:	2 years, 7 months, 29 days
h. Total Service:			2 years, 10 months, 10 days
i. Time Lost:				None
j. Previous Discharges:		USAR (2010112-20100323), NA
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	11B10, Infantryman
m. GT Score:				99
n. Education:				HS Graduate
o. Overseas Service:			Korea
p. Combat Service:			No
q. Decorations/Awards:		AAM (not on DD 214), GWOTSM, KDSM, ASR, OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Army Reserve on 12 January 2010 for a period of 8 years.  He was 19 years old at the time of entry and a high school graduate.  He enlisted in the Regular Army on 24 March 2010.  He served in Korea and earned an AAM.  He completed 2 years, 7 months and 29 days for the period under review.  He completed a total of 2 years, 10 months and 10 days of military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 2 October 2012, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-9.  Specifically for:

     a.  Conviction by Foreign Tribunal.
     b.  Setting fire to Present Living Building; found not guilty.
     c.  Causing fire by gross negligence; found guilty, and sentenced to imprisonment for 1 year, suspended for 2 years.

2.  Based on the above misconduct, the commander recommended a general, under honorable conditions discharge.

3.  On 18 September 2012, the applicant waived legal counsel, was advised of the impact of the discharge action and submitted 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 a general, under honorable conditions discharge.  

4.  On 2 November 2012, the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 22 November 2012, under Army Regulation 635-200, Chapter 14, Section II with a general, under honorable conditions discharge, an SPD code of    JKB, 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.  Two negative counseling statements dated between 11 August 2011 and 15 November 2011, for underage drinking, endangering himself and others to include property damage while being intoxicated, for disobeying a lawful order not to consume alcohol, accused of arson, and restriction.
      
2.  A Confinement Order dated 11 May 2012, for Pre-trial (SOFA Confinement).  UCMJ Articles violated: Article 92; Article 126; Article 109; and, Article 134.
3.  A “Result of Trial in the case of [the applicant”] memorandum, dated 13 July 2012.  The document essentially states the applicant was tried on 21 March 2012 by the Seoul Central District Court; and, on 13 July 2012, the Court found him not guilty of the main charge, but guilty of Causing Fire by Gross Negligence and sentenced him to imprisonment for 1 year, suspended for 2 years.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application (DD 293), dated 4 April 2013; a DD Form 214; and, a hand written self-authored statement.

POST-SERVICE ACTIVITY: 

The applicant states he is living on food stamps and tried applying for unemployment, but was denied because of the narrative on his separation. 

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14, Section II (paragraph 9), major overseas commanders may approve discharge of Soldiers convicted by a foreign tribunal.  This authority may be delegated to a general officer with a judge advocate (JA) on his/her staff.  Every action taken in such delegation will state the authority.  When a Soldier is convicted by a foreign tribunal, and the Soldier returns to the United States before initiation or completion of discharge proceedings per this paragraph, discharge proceedings will be initiated or completed per paragraph 14–5. The proceedings will be completed as if the Soldier had been convicted by the domestic court of the United States or its territorial possession.

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 misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by conviction by foreign tribunal and two negative counseling statements for multiple violations of the Uniform Code of Military Justice.

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 an upgrade of his discharge will allow him to obtain better employment.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill.  However, eligibility for veteran's benefits to include 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.

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:  Record Review      Date:  23 October 2013        Location: Washington, DC

Did the Applicant Testify?  NA 

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)		AR20130007843



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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