IN THE CASE OF:  	

      BOARD DATE:  	23 October 2013

      CASE NUMBER:  	AR20130007946
___________________________________________________________________________

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.  He requests narrative reason be changed to other designated physical or mental conditions.

2.  The applicant states, in effect, he struggled with anxiety and depression during his time on active duty.  He sought help while on active duty.  He was not given a fair chance to rehabilitate instead he was discharged.  He was diagnosed with an adjustment disorder by the Department of Veterans Affairs (VA).  The documents provided will show he was a good Soldier.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		22 April 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			3 April 2012
d. Reason/Authority/SPD/RE Code:	Misconduct, AR 635-200, Chapter 14-12b, JKA, RE-3	
e. Unit of assignment:			010006ARHHT REG AIR FC
f. Current Enlistment Date/Term:	23 July 2009 (term), 3 years, 23 weeks
g. Current Enlistment Service:	2 years, 8 months, 11 days
h. Total Service:			3 years, 18 days
i. Time Lost:				None
j. Previous Discharges:		ARNG (090316-090723). NA
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	27D10, Paralegal Specialist
m. GT Score:				116
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Iraq (20100416-20110302)
q. Decorations/Awards:		AAM, NDSM, ICM-CS, GWTSM, 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 National Guard on 16 March 2009.  He was 21 years old at the time of entry and a high school graduate.  He enlisted in the Regular Army on 27 July 2009 for a period of 3 years and 23 weeks.  He served Iraq and earned an AAM and the ICM-CS.  He completed 2 years, 8 months, and 11 days of active duty service for the period under review.  He completed a total of 3 years and 18 days of military service.
.
SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 28 February 2012, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12b.  Specifically, for a pattern of misconduct:

     a.  Failure to report; being late on divers occasions.
     b.  Reporting to physical training in an improper uniform.
     c.  Giving false statements.
     d.  Dereliction of duties by not maintaining his barracks room clean.
     e.  Disobeying a General Order by having a female cohabitate in his barracks room.

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

3.  On 9 March 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement in 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 honorable discharge.  

4.  On 26 March 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 3 April 2012, under Army Regulation 635-200, Chapter  14-12b, 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 contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 22 February 2012, the applicant failed to go to his appointed place of duty on 8 February 2012; and, for violating a lawful general regulation by wrongfully cohabitating with his girlfriend in his room on 8 February 2012.  The punishment consisted of reduction to the grade of E-2, forfeiture of $389.00 pay (suspended), 14 days of extra duty, 14 days restriction and an oral reprimand (CG). 

2.  Article 15, dated 21 July 2011, the applicant failed to go to his appointed place of duty on   4 April 2012, 28 April 2012, 28 June 2011, 6 July 2011 and on 6 July 2011.  The punishment consisted of 14 days of extra duty (5 days suspended) and 14 days restriction (CG). 

3.  Eleven negative counseling statements dated between 28 June 2010 and 8 February 2012, for showing up to work late, missing formations, failing to report to place of duty, initiation of  separation action, Disrespect towards an NCO, making false official statements, and disobeying a General Order.
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 16 April 2013, a letter of support, dated 8 March 2012, a character letter, dated 28 February 2012, a VA Rating Decision letter, dated 2 July 2012, a DA Form 638, dated 15 September 2010, a DA Form 705, a DD Form 214, and a copy of his ERB, dated 30 March 2012.

POST-SERVICE ACTIVITY: 

The applicant did not state any post-service activity.  

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 pattern of misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by 2 Articles 15 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 he sought out help while on active duty for anxiety and depression, but was not given a fair chance and discharged.  After his discharge he was diagnosed with an adjustment disorder by the VA.  Therefore, he requests the narrative reason be changed to reflect other designated physical or mental conditions.  He requests the separation authority be changed to reflect, AR 635-200, Para 5-17.  Notwithstanding the VA letter, the applicant has not provided any evidence to support his contention that he sought help or that his pattern of misconduct was a result of an adjustment disorder.  Further, the Board is not bound by post-service rating decision of the VA.

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: 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:		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)		AR20130007946



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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