IN THE CASE OF:  	Mr. 

      BOARD DATE:  	22 January 2014

      CASE NUMBER:  	AR20130009079
___________________________________________________________________________

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, he is trying to enroll in school.  He paid $100.00 in his first year; served more than 36 months; deployed; finished his first enlistment; and, made a few mistakes.  He is trying to set a good example for his children and knows he has made mistakes, but, this is his way of correcting them.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		10 May 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			25 October 2012
d. Reason/Authority/SPD/RE Code:	Misconduct (Pattern), AR 635-200, 14-12b, JKA
   RE-3        
e. Unit of assignment:			364th QM Co, Fort Bragg, NC
f. Current Enlistment Date/Term:	6 January 2012/4 years
g. Current Enlistment Service:	9 months, 20 days
h. Total Service:			4 years, 2 months, 15 days
i. Time Lost:				11 days (120822; 120829; 121017-121025)
j. Previous Discharges:		USAR (080715-080729), NA
RA (080730-120105), HD, 4 years
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	92A10, Automated Logistics 
m. GT Score:				92
n. Education:				GED
o. Overseas Service:			SWA
p. Combat Service:			Iraq (091001-100927)
q. Decorations/Awards:		AGCM, NDSM, GWOT-SM, ICM w/CS, OSR, ASR 
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		No
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 30 July 2008 for a period of 4 years after serving 15 days in the DEP.  He was 17 years old at the time of entry and earned his GED.  He served in Iraq and Fort Bragg.  He earned an AGCM and the ICM w/CS and completed 9 months, and 20 days of active duty service for the period under review.  He completed a total of 4 years,     2 months and 15 days of military service.  He had a total of 11 days lost time.
SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 19 July 2012, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, chapter 14-12b, patterns of misconduct.  Specifically for:

     Failing to report for duty on 26 March 2012; 2, 10, 17 April 2012; and, 9, 24, 30 May 2012.
     Disrespect towards a senior NCO on 15 March 2011.

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

3.  On 19 July 2012, the applicant acknowledged the separation action levied against him and was advised of his right to consult with legal counsel prior to submitting his Election of Rights.  On 24 July 2012, the applicant submitted his Election of Rights and acknowledged he had been given the opportunity to confer with counsel.  He elected to make a statement on his behalf no later than 2 August 2012.  On 2 August 2012, the company commander notified the brigade commander that the applicant was notified on 24 July 2012 of his intent to separate the applicant; and, that the applicant had not submitted a statement within the prescribed time.  The applicant’s official file does not include any documents showing that he was advised of the impact of the discharge action.  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 August 2012, the separation authority approved and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 25 October 2012, under Army Regulation 635-200, Chapter 14-12b, with a general, under honorable, conditions discharge, an SPD code of JKA, and an RE code of 3.               

6.  The applicant's record shows he was absent without leave (AWOL) during the periods 120822-120822; 120829-120829; and, 121017-121025.  The circumstances surrounding the applicant’s return to military control are not in his official file.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There are four DA Forms 4187, Personal Action, documents contained in the record:

a.  On 22 August 2012, the applicant’s duty status was changed to Absent Without Leave (AWOL).  
   
b.  On 23 August 2012, the applicant’s duty status was changed to Present for Duty (PDY).
    
c.  On 29 August 2012, the applicant’s duty status was changed to PDY.
    
d.  On 17 October 2012, the applicant’s duty status was changed to AWOL.  

2.  A DD Form 214, dated 26 October 2012.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 293 and a DD Form 149.

POST-SERVICE ACTIVITY: 

The applicant states he is trying to go to school. 

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 general or a fully honorable discharge.  The applicant’s record of service was marred by three separate occasions of being AWOL in violation 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 an upgrade of his discharge would allow educational benefits through the use of the GI Bill.  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.

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:  22 January 2014     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	UOTHC - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR20130009079

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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