IN THE CASE OF:  	Mr. 

      BOARD DATE:  	15 July 2013

      CASE NUMBER:  	AR20130008904
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, and notwithstanding the Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service to include his award of a Soldiers Medal and his two prior honorable characterizations of service and as a result it is inequitable.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it.  




      
      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, he was suffering from PTSD at the time of his discharge.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		10 May 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			11 September 2002
d. Reason/Authority/SPD/RE:		Misconduct, AR 635-200, 14-12b, JKA, RE-3        
e. Unit of assignment:			508th Transportation Detachment, Fort Eustis, VA
f. Enlistment Date/Term:		18 May 2000, 6 years (per ERB)
g. Current Enlistment Service:	2 years, 3 months, 24 days
h. Total Service:			6 years, 1 month, 17 days
i. Time Lost:				None
j. Previous Discharges:		RA (960725-980223), HD										RA (980224-000517), HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	88M10, Motor Transportation Specialist
m. GT Score:				112
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, AGCM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes	
u. Prior Board Review:			Yes, 20 April 2012, denied
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 25 July 1996 and according to his DD Form 214 and Enlisted Record Brief he reenlisted on 18 May 2000 for a period of 6 years.  The reenlistment contract is not contained in his service record.  The record does not show any significant achievements or meritorious awards other than the AGCM.  



SEPARATION FACTS AND CIRCUMSTANCES: 

1.  The record shows that on 14 August 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct; specifically for the following offenses:

      a. Received a Company Grade Article 15 (020104)
      b. Possession of marijuana
      c. Missing an appointment with the Substance Abuse Program
      d. Purchased alcohol for an underage person
      e. Failed to report on numerous occasions
      f.  Failed to follow prescribed guidelines for operating an Army motor vehicle 
      
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 20 August 2002, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived his right to appear before an administrative separation board contingent upon receiving a general, under honorable conditions discharge 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 22 August 2002, 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 on 11 September 2002, for misconduct, under the provisions of AR 635-200, paragraph 14-12b, with an SPD code of JKA and a reentry 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.  Company Grade Article 15, issued on 26 November 2001, for failure to report to his designated place of duty.  His punishment consisted of reduction to E-3, forfeiture of pay in the amount of $323.00, and 14 days of extra duty.

2.  Five negative counseling statements, dated between 13 December 2001 and 12 April 2002, for offenses related to failures to report, purchasing alcoholic beverages for an underage Soldier, missing movement, and failing to follow prescribed guidelines for operating motor vehicles.

3.  An MP Report dated 28 March 2002, for underage drinking and being drunk.

4.  A General Officer Memorandum of Reprimand issued on 10 September 2002 for drunk driving.

EVIDENCE SUBMITTED BY THE APPLICANT 

None were provided with the application.

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 service record and the issue 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 an Article 15, five negative counseling statements, and a General Officer Memorandum of Reprimand.  

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 was suffering from PTSD; however, the record does not support the issue that the applicant suffers from Post-Traumatic Stress Disorder and the applicant submitted no evidence to support that the discharge was the result of any medical condition.  

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:  Personal Appearance      Date: 15 July 2013	 Location: Washington, DC

Did the Applicant Testify?   Yes

Counsel:  			None

Witnesses/Observers: 	None

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional documents:

	a. Award of Soldiers Medal
	b. PTSD decisional documents from the veterans Administration
	c. DD Form 215

2.  The applicant presented no additional contentions.

In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing.


Board Vote:
Character  	Change:  3	No Change:  2
Reason	Change:  0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:	 	Yes
Change Characterization to:  	Honorable
Change Reason to:			NA
Change RE Code to:		NA
Grade Restoration to:		NA	
Change Authority for Separation:	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)		AR20130008904

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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