IN THE CASE OF:  	Mr. 

      BOARD DATE:  	30 October 2013

      CASE NUMBER:  	AR20130008060
___________________________________________________________________________

Board Determination and Directed Action

1.  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 improper.  

2.  The evidence indicates the applicant was entitled to an administrative separation board because he had over 6 years of total active and reserve military service at the time of initiation of the separation action.  The evidence of record shows the applicant voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than honorable.  An administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects the applicant did not receive an honorable characterization of service or an administrative separation board and did not waive it either.  Denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper.  

3.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority.  

4.  Further, the Board voted to change to the reentry eligibility (RE) code to 1.



      
      
      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, a change to the reentry code and to the narrative reason for his discharge.

2.  The applicant states, in effect, that he was wrongfully discharged.  He contends he was discharge because his commander did not like him.  He was punished twice for offenses that were not his fault and never given a second chance to redeem himself.  He served over           5 years of service.  He believes he did not deserve to be discharged from the military.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		29 April 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			10 July 2008
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, 							Chapter 14, paragraph 14-12c, JKQ, RE-3
e. Unit of assignment:			C Co, 1st Bn, 61st IN Rgt, 165th IN Bde, Fort 							Jackson, SC
f. Current Enlistment Date/Term:	29 August 2007, 6 years
g. Current Enlistment Service:	0 years, 10 months, 12 days
h. Total Service:			6 years, 4 months, 3 days
i. Time Lost:				None
j. Previous Discharges:		USAR-020308-021111/NA										RA-021112-050920/HD										RA-050921-070828/HD
k. Highest Grade Achieved:		E-5
l. Military Occupational Specialty:	92Y10, Unit Supply Specialist
m. GT Score:				94
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (031114-041024)
q. Decorations/Awards:		ARCOM, AGCM, NDSM, GWOTEM, GWOTSM, 						NPDR, OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes
t. Counseling Statements:		Yes
u. Prior Board Review:			No



SUMMARY OF SERVICE:	

The applicant enlisted in the Army Reserve on 8 March 2002 and on 11 November 2002, he was discharged for enlistment in the Regular Army.  The applicant enlisted in the Regular Army on 12 November 2002, for a period of 3 years.  He was 19 years old at the time of entry and a high school graduate.  On 21 September 2005, he reenlisted for a period of 3 years and again on 29 August 2007, for 6 years.  His record indicates he served a period of combat in Iraq and that he received several awards to include an ARCOM and the AGCM.  He was serving at Fort Jackson, SC when his separation was initiated.  He completed 6 years,              4 months, and 3 days of total military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 1 July 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason misconduct (serious offense) for wrongfully appropriating US Currency of about $4,400.00 of a BCT Soldier between (080220 and 080326).

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.

3.  On 1 July 2008, the applicant consulted with legal counsel, voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than honorable and indicated his intention to submit a statement on his behalf which was not found in the available record.  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 3 July 2008, 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 discharged from the Army on 10 July 2008, with a characterization of service of general, under honorable conditions 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. 

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






EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A CID Report dated 28 March 2008, that indicates the applicant was the subject of an investigation for using another Soldiers ATM/Visa Check Card.

2.  Article 15, imposed on 23 May 2008, for wrongfully appropriating US Currency of a value of about $4,400.00 the property of another Soldier between (080220 and 080326).  The punishment consisted of reduction to the grade of E-4, forfeiture of $1,023.00 pay for two months, extra duty for 45 days (suspended), and restriction for 45 days (FG).

3.  A negative counseling statements dated 24 April 2008, for using a credit card of another Soldier, which he knew was stolen and chose to make purchases.
      
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293.

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.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense).

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.

2.  After a careful review of all the applicant’s military records, the issue and document submitted with the application, the discharge appears to be improper.  

3.  The evidence of record confirms that the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board and had over          6 years of total active and reserve military service at the time of initiation of separation action.  
The evidence of record shows the applicant voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than honorable.  An administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects the applicant did not receive an honorable characterization of service or an administrative separation board and did not waive it either.  Denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper.  

4.  The records show the proper discharge and separation procedures were not followed in this case.  

5.  Therefore, the discharge being improper, recommend the Board grant full relief in the form of an upgrade of a change to the characterization of service to “Honorable,” and a change to the narrative reason for separation to “Secretarial Authority,” under the provisions of Chapter 5, Paragraph 5-3, AR 635-200, with a corresponding separation (SPD) code of "JFF."  This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it. 









SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

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

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: NA 

Board Vote:
Character Change:  5	No Change:  0
Reason Change:	5	No Change:  0
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	Honorable
Change Reason to:			Secretarial Authority
Change Authority for Separation:	AR 635-200, Chapter 5, Paragraph 5-3
Change RE Code to:		1
Grade Restoration to:		NA
Other:					Separation Program Designator (SPD) Code JFF




















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)		AR20130008060



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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