IN THE CASE OF:	 

      BOARD DATE:  	6 November 2013

      CASE NUMBER:	AR20130008511
___________________________________________________________________________

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 to upgrade his characterization of service from general, under honorable conditions to fully honorable.  

2.  The applicant states, in effect, he was told he could apply after six months to upgrade his discharge to honorable.  He has been attending college, received his degree, and has been volunteering at non-profit organization.  In addition, his current discharge is making it difficult for him to find suitable employment.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	2 May 2013
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	22 May 2007 
	d.	Reason/Authority/SPD/RE Code:	Pattern of Misconduct, AR 635-200, Paragraph 14-
			12b, JKA, RE-3
	e.	Unit of assignment:	HHC, 615th Aviation Support Bn, 1st Air Cavalry 
			Brigade, Multi-National Division-Baghdad, Iraq
	f.	Current Enlistment Date/Term:	16 February 2006, 4 years
	g.	Current Enlistment Service:	1 year, 3 months, 8 days
	h.	Total Service:	6 years, 9 months, 7 days
	i.	Time Lost:	None
	j.	Previous Discharges:	RA (000816-030818) / HD
			RA (030819-060214) / HD
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	63B10, Wheeled Vehicle Mechanic
	m.	GT Score:	115
	n.	Education:	HS Graduate
	o.	Overseas Service:	HI, SWA
	p.	Combat Service:	Iraq (040112-050112), (061004-071004)
	q.	Decorations/Awards:	AGCM-2; NDSM; ICM; GWOTEM; GWOTSM; ASR 
			OSR-3
	r.	Administrative Separation Board: 	No 
	s.	Performance Ratings:	None
	t.	Counseling Statements:	NIF
	u.	Prior Board Review:	No 

SUMMARY OF SERVICE:  

The applicant enlisted in the Regular Army on 16 August 2000, and reenlisted twice since.  He reenlisted the second time on 16 February 2006, for a period of 4 years.  He was 19 years old at the time of entry and a high school graduate.  He served in Iraq.  His record documents no acts of valor or significant achievement.  He completed 6 years, 9 months, and 7 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 30 April 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct, specifically for the following:  

a. being court-martial (070315) for violation of Article 92, disobeying an order; and Article 107, making false official statement
b. assaulting a Soldier, PFC N (070316)

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

3.  On 1 May 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, and did not submit 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 1 May 2007, 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 22 May 2007, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for pattern of misconduct, a Separation Program Designator code (SPD) of JKA 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.  DD Form 458, Charge Sheet, with a preferral date of 15 March 2007, indicates the applicant was charged with violation of Article 92, UCMJ, disobeying a general order by possessing an alcoholic beverage (070312), and violation of Article 107, UCMJ, making a false official statement (070312).  

2.  Record of Trial by Summary Court-Martial, dated 16 March 2007, indicates the applicant’s trial by summary court-martial convened on 16 March 2007, which found the applicant guilty of Article 92 and Article 107, and adjudged a sentence of reduction to E-2, forfeiture of $1,039, and 43 days of hard labor.  A Report of Result of Trial, dated 16 March 2007, reported the aforementioned result of trial.

3.  A Serious Incident Report, dated 14 February 2007, indicates the applicant was the subject of the reported incident, alcohol found on guard (070315).

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a certificate of appreciation, dated 13 October 2012; university graduate certificate, dated 2 April 2011; bachelor degree certificate, dated 6 May 2011; and certificates of recognition, dated 4 and 7 April 2011.

POST-SERVICE ACTIVITY: 

The applicant states, in effect, he has been attending college, received his degree, and has been volunteering at a non-profit organization.  

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, which includes violating the Army's policy not to abuse alcohol, the applicant compromised the trust and confidence placed in a Soldier, and diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by a summary court-martial for 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 since leaving the Army he has been attending college, received his degree, and has been volunteering at a non-profit organization.  The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents submitted with the application.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  

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:  6 November 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)		AR20130008511

Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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