IN THE CASE OF:  	

      BOARD DATE:  	20 November 2013

      CASE NUMBER:  	AR20130008546
___________________________________________________________________________

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, that he would like an upgrade of his discharge for the purpose of being able to use his education benefits to better himself and move forward in life.  He contends that while on active duty he suffered from severe psychology issues; once he was discharged he was diagnosed and has been receiving treatment for PTSD at the Durham VAMC.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		1 May 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			23 December 2011
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14						paragraph 14-12b, JKA, RE-3
e. Unit of assignment:			B Btry, 3d Bn (Abn), 4th ADA Rgt, Fort Bragg, NC
f. Current Enlistment Date/Term:	19 March 2008, 6 years and 22 weeks
g. Current Enlistment Service:	3 years, 8 months, 15 days
h. Total Service:			3 years, 8 months, 15 days
i. Time Lost:				20 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	14H10, Enhanced Early Warning System Operator
m. GT Score:				104
n. Education:				GED
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (090305-100305)
q. Decorations/Awards:		ARCOM, ICM-w/CS, NDSM, GWOTEM, GWOTSM 						ASR-2, OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No
SUMMARY OF SERVICE:	

The applicant enlisted in the Regular Army on 19 March 2008, for a period of 6 years and       22 weeks.  He was 17 years old at the time of entry and had a high school equivalency (GED).  
His record indicates he served a period of combat in Iraq and received several awards to include an ARCOM.  He was serving at Fort Bragg, NC when his separation was initiated.  He completed 3 years, 8 months, and 15 days of total military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 8 December 2011, 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 for receiving a Summarized Article 15 for willfully disobeying a lawful order from a noncommissioned officer (110726), receiving a Company Grade Article 15 for leaving without authority his appointed place of duty and willfully disobeying a lawful order from a noncommissioned officer (110819), and for going AWOL (111109 to 111129).

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 8 December 2011, the applicant indicated on his election of rights memorandum that he consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement on his own behalf.  The legal counsel's signature page memorandum was not found in the available records.  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 15 December 2011, 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 23 December 2011, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, with a Separation Program Designator code (SPD) of JKA and an RE code of 3. 

6.  The applicant's record shows he was absent without leave (AWOL) during the period          9 November 2011 until his return to military control on 29 November 2011.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Summarized Record of Proceedings under Article 15, UCMJ, imposed on 26 July 2011, for disobeying a lawful order from a noncommissioned officer (110717).  The punishment consisted of 14 days of extra duty and a oral reprimand.

2.  Article 15, imposed on 19 August 2011, for failure to go to his appointed place of duty (110801) and disobeying a lawful order from a noncommissioned officer (1SG) (110810).  The punishment consisted of reduction to the grade of E-3, extra duty and restriction for 14 days, and an oral reprimand (CG).  

3.  Mental Status Evaluation Report dated 16 October 2011, which indicates the applicant was diagnosed with occupational problems.  The applicant was screened for PTSD and mTBI with negative results.  The report also indicates he is mentally responsible, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participate intelligently as a respondent in any administrative proceedings.

4.  Two DA Form 4187's (Personnel Action's), dated 9 November 2011 and 29 November 2011, changing the applicant's duty status: PDY to AWOL and AWOL to PDY.

5.  Ten negative counseling statements dated between 19 April 2011 and 30 November 2011, for lying to a commissioned officer and noncommissioned officer, missing appointments, failure to have a form of communication with his chain of command, disobeying an order, failure to report, failure to be at his appointed place of duty, disrespect towards a noncommissioned officer, disobeying an order from his superior noncommissioned officer, insubordination, and counseling for recommendation for separation.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293; a consult request, dated 25 April 2013, which indicates psychiatric symptoms; diagnosed with PTSD, a North Carolina Department of Administration, letter, dated 29 April 2013, and a copy of his DD Form 214 for the period of service under review

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.

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 two Articles 15 for multiple violations of the Uniform Code of Military Justice, a period of AWOL, and ten negative counseling statements.

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.  Furthermore, 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.   The character of the applicant’s discharge is commensurate with his overall service record.

5.  He contends that while on active duty he suffered from severe psychology issues; once he was discharged he was diagnosed and has been receiving treatment for PTSD at the Durham VAMC.  The independent document submitted by the applicant indicating psychiatric symptoms; diagnosed with PTDS was noted.  However, the evidence of record shows that on           16 October 2011, the applicant was screened for PTSD and mTBI with negative results.  The report also indicates he is mentally responsible, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participate intelligently as a respondent in any administrative proceedings.  The service record contains no evidence of PTSD and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  

6.  The applicant contends that an upgrade of his discharge would allow for him to use educational benefits.  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.

7.  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:  20 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)		AR20130008546



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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