IN THE CASE OF:  	Mr. 

      BOARD DATE:  	2 December 2013

      CASE NUMBER:  	AR20130009525
___________________________________________________________________________

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 characterization from general, under honorable conditions to honorable.

2.  He states, in effect, he made bad choices to help those in his unit and was trying to do the right thing and chose the wrong option.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		17 May 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			26 May 2011
d. Reason/Authority/SPD/RE:		Misconduct, AR 635-200, Chapter 14-12c, JKQ, RE-3
e. Unit of assignment:			C Co, 4-9th Infantry Regiment, 4th Stryker Brigade 						Combat Team, Joint Base Lewis-McChord, WA
f. Current Enlistment Date/Term:	26 September 2008, 8 years/the applicant enlisted in 						the National Guard Active First Enlistment Option 						under the 48 month active first enlistment option.  He 						understood he was to serve 48 months on active duty 						after completion of IADT and serve the remainder of						his MSO as a drilling member in the National Guard.
g. Current Enlistment Service:	2 years, 8 months, 1 day 
h. Total Service:			2 years, 8 months, 17 days
i. Lost time:				None
j. Previous Discharges:		ARNG-(080910-080925)/UNC
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	11B10, Infantryman
m. GT Score:				110
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (090902-100907)
q. Decorations/Awards:		ARCOM, NDSM, ICM-W/CS, GWOTSM, ASR, 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 26 September 2008, for a period of 8 years.  He was 22 years old at the time of entry and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman.  His record also shows he served a combat tour, earned an ARCOM; and achieved the rank of SPC/E-4.  He was serving at Joint Base Lewis-McChord, WA when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence contained in the applicant’s service record indicates that on 22 April 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense for being apprehended and charged with driving under the influence of alcohol on Joint Base Lewis-McChord (100919).

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 27 April 2011, the applicant consulted with legal counsel (although his election of rights indicated he waived legal counsel), was advised of the impact of the discharge action, 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 6 May 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’s record does not document any record of unauthorized absences or lost time.

6.  The applicant was discharged from the Army on 26 May 2011, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), a Separation Program Designator code (SPD) of JKQ and an RE code of 3. 

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record contains a Military Police Report, dated 19 September 2010 which revealed the applicant was under investigation for driving under the influence of alcohol or drugs.

2.  The record of evidence contains a negative counseling statement, dated 20 September 2010 which indicated the applicant was charged with DUI. 

3.  A United Stated States District Court, West District of Washington, dated 21 December 2010 that summoned the applicant to appear in court for DUI.

4.  A United Stated States District Court, West District of Washington, dated 28 February 2011 that judgment in the superseding information case consisted of a fine of $350.

5.  DA Form 3822-R (Report of Mental Status Evaluation), dated 16 February 2011, which indicated the applicant was mentally responsible for his behavior, could distinguish right from wrong, and possesses sufficient mental capacity to participate in any administrative proceedings.

6.  The record contains an administrative General Officer Memorandum of Reprimand (GOMOR), dated 21 October 2010 for driving under the influence of alcohol.

7.  Military Police Traffic Accident Report, dated 19 September 2010 which revealed the applicant struck parked cars in hit and run accidents.

8.  Four DA Forms 2823 (Sworn Statement), dated 19 September 2010 and 20 September 2010, that referenced the witnessing of the hit and run accident and events leading to the applicant’s arrest for driving under the influence.

9.  DUI Arrest Report, dated 19 September 2010 revealed the applicant took a breath test, DUI interview, and sobriety tests.

10.  Memorandum, Suspension/Revocation of Installation Driving Privileges, dated 19 September 2010 which revealed the applicant’s installation driving privileges suspended/revoked for 12 months.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, and a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with his 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, and the application he submitted, 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 misconduct (serious offense), 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 a GOMOR, Military Police Report, a negative counseling statement, sworn statements, several court documents, and a DUI arrest report.

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance.  

4.  The applicant did not submit any issues of equity or propriety to be considered by the Board.

5.  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:  2 December 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	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130009525



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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