IN THE CASE OF:  	Mr.

      BOARD DATE:  	7 June 2013

      CASE NUMBER:  	AR20130008162
___________________________________________________________________________

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 to be 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, that he believes he was forced to commit the offense for which he was discharged because his unit ignored the doctor’s orders to reclassify him into a different MOS.  He was threatened and assaulted by an NCO and other Soldiers which caused him to become depressed, anxious and now suffers from panic attacks.  As a result, he is unable to hold on to a job and is homeless.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		26 April 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			15 June 2009
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, 14-12c, 						JKQ, RE-3        
e. Unit of assignment:			HHC, 2d Bn, 504th Infantry Regiment, Fort Bragg, NC
f. Enlistment Date/Term:		12 May 2008, 4 years 
g. Current Enlistment Service:	1 year, 0 months, 26 days
h. Total Service:			2 years, 1month, 14 days
i. Time Lost:				8 days
j. Previous Discharges:		ARNG (070416-080511), HD 									IADT   (070501-070817), HD
k. Highest Grade Achieved:		E-3	
l. Military Occupational Specialty:	11B1P, Infantryman
m. GT Score:				102
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes	
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant served in the Army National Guard from April 2007 until his honorable discharge in May 2008.  He enlisted in the Regular Army on 12 May 2008 for a period 4 years; he was 20 years old at the time and a high school graduate.  When his discharge proceedings were initiated he was serving at Fort Bragg, NC.  He did not have any significant achievements or meritorious awards.  

SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 8 May 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), specifically for being AWOL between 6 April 2009 and 14 April 2009.

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

3.  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 with a general, under honorable conditions discharge.  

4.  On 27 May 2009, 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 15 June 2009, for misconduct (serious offense), under the provisions of Chapter 14-12c, with an SPD code of JKQ and a reentry code of 3.

6.  The applicant’s record contains an AWOL entry for 8 days of lost time between 6 April 2009 and 13 April 2009.  He returned to his unit.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  The record contains a Field Grade Article 15 issued on 20 April 2009, for AWOL (090406-090414).  His punishment consisted of reduction to the grade of E-1, forfeiture of pay in the amount of $699.00 per month for 2 months (suspended), and 15 days of extra duty and restriction.

2.  One negative counseling statement dated 14 April 2009 for being AWOL.

EVIDENCE SUBMITTED BY THE APPLICANT 

A DD Form 293, DD Form 149, VA Form 21-0781A.

POST-SERVICE ACTIVITY: 

The applicant states that he is unable to hold a job and is homeless.
 
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 service record, the issues, and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The record confirms 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 his service below that meriting a general or a fully honorable discharge.  His service record was marred by a Field Grade Article 15 for being AWOL.

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 he was forced to commit the misconduct that caused his discharge, was assaulted by an NCO and other Soldiers.  He is now homeless and can’t hold a job.  Although the record contains a clinical psychologist’s statement that shows he was supportive of a reclassification action, it was merely a recommendation and the command was not bound by such a recommendation without considering the needs of the Army at the time.  The character of the applicant’s discharge is commensurate with his overall service record.  

5.  The applicant also contends he went to see the Chaplain and his unit found out.  From then on he was put on CQ for days on end and was later assaulted by an NCO and other Soldiers which caused him to go AWOL.  However, the applicant had many legitimate avenues through which to obtain assistance or relief before committing the AWOL misconduct which led to the separation action under review.  The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

6.  The applicant states that an upgrade of his discharge would allow him Veterans benefits to improve his job opportunities and his homelessness.  Eligibility for veteran's benefits to include medical and 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.  

7.  Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

8.  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:  7 June 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	UOTH - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR 20130008162

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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