IN THE CASE OF:  	Mr. 

      BOARD DATE:  	24 July 2013

      CASE NUMBER:  	AR20130009949
___________________________________________________________________________

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 fully honorable.

2.  The applicant states, in effect, that his discharge is causing him to be passed over by some employers.  He went to Afghanistan with the 1st Special Forces Group and served well.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		20 May 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			24 April 2013
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14-12b, 						JKA, RE-3
e. Unit of assignment:			Group Service & Support Co, 1st SF Group, Joint 						Base Lewis-McChord, WA
f. Current Enlistment Date/Term:	13 January 2010, 3 years and 27 weeks
g. Current Enlistment Service:	3 years, 3 months, 12 days
h. Total Service:			3 years, 3 months, 12 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	91C10, Utilities Equipment Operator
m. GT Score:				99
n. Education:				HS Graduate
o. Overseas Service:			SWA, Philippines
p. Combat Service:			Afghanistan (110809-120301)
q. Decorations/Awards:		NDSM, ACM-CS, GWOTSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes	
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant's record shows he enlisted in the Regular Army on 13 January 2010, for a period of 3 years and 27 weeks.  He was 20 years old at the time and was a high school graduate.   The applicant’s record does not show any significant achievements or acts of valor.  He served a 7-month combat tour in Afghanistan.  When his discharge proceedings were initiated, he was serving at Fort Lewis, WA.


SEPARATION FACTS AND CIRCUMSTANCES

1.  On 18 March 2013, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of pattern of misconduct; specifically for:

      a. Being arrested for driving while intoxicated and striking a utilities pole (130224)
      b. Driving with a suspended license (130224)
      c. On divers occasions between 31 January 2013 and 2 February 2013, violated a 	lawful general regulation by not signing Ms. I in through the unit charge of quarters
      d. Unlawfully grabbed Ms. I by the arms and neck with his hands (130202)
      e. Failure to report two times (121012)
      f. Being disrespectful in language to an NCO (121003)
      g. Being arrested for assault in Tacoma, WA (120930)

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and informed the applicant of his rights.

3.  On 1 April 2013, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than general, under honorable conditions (was not entitled to such a board) and indicated he would submit a statement on his behalf (NIF).  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 of a general, under honorable conditions discharge.  

4.  On 9 April 2013, 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 separated on 24 April 2013, under the provisions of Army Regulation 635-200, Chapter 14-12b, for a pattern of misconduct, with a general, under honorable conditions discharge, an SPD code of JKA and an RE code of 3.

6.  The applicant’s record does not show any time lost or unauthorized absences.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  Company Grade Article 15 issued on 2 November 2012, for failing to report on 2 occasions (120822, 121012), and for being disrespectful in language to an NCO (121003).  His punishment consisted of reduction to the grade of E-3, forfeiture of pay in the amount of $435.00 (suspended), 14 days of extra duty and 14 days of restriction (suspended).  The suspended sentence was vacated on 4 February 2013 for a new offense of failure to report (130124).

2.  Field Grade Article 15 issued on 4 March 2013, for violating a lawful general order on divers’ occasions by not signing in with the charge of quarters (130131-130202), unlawfully grabbed Ms. I by the arms and neck (130202).  His punishment consisted of reduction to the grade of E-1, forfeiture of pay in the amount of $758.00 for 2 months, 45 days of extra duty and 45 days of restriction (remitted).

3.  Four negative counseling statements dated between 12 October 2010 and 3 October 2012 for offenses related to failures to report, disrespecting an NCO, and being absent without leave.

4.  MP Report dated 2 February 2013 which shows the applicant was the subject of an investigation for assault, domestic violence, and damage to private property.

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 his military records and the issues submitted with the application, there are insufficient factors to merit an upgrade of the applicant's discharge.  

2.  The record confirms 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 repeated incidents of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  His service was marred by 2 Articles 15 for multiple 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 his service mitigated the misconduct or poor duty performance.  

4.  The applicant contends that he has been passed over for employment because of the nature of his discharge.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

5.  The applicant also contends that he served well in Afghanistan with the 1st SF Group.  The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct and by the multiple negative counseling statements and the documented actions under Article 15 of the Uniform Code of Military Justice.

6.  Records show the proper discharge and separation authority procedures were followed in this case.

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:  24 July 2013          Location: Washington, DC

Did the Applicant Testify?  No

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	UOTH - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR 20130009949

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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