IN THE CASE OF:  	Mr. 

      BOARD DATE:  	29 January 2014

      CASE NUMBER:  	AR20130010006
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review, and notwithstanding the examiner’s 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 combat service.  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, since his separation, he has had time to reflect on his time in the Army.  He regrets that his career ended in the manner that it did and recognizes that his behavior was unacceptable.  He was young and exercised poor judgment.  He deployed twice to combat with only six months between tours.  During this time he used alcohol excessively and received substance abuse counseling.  He realizes now that he was not fully recovered when he began his second deployment.  The isolated location of his unit caused him to become depressed.  His depression continued through his redeployment and led to his DUI that resulted in his discharge.  He would like to be a productive member of society, but the current characterization of service is making it difficult to find employment.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		28 May 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			13 July 2012
d. Reason/Authority/SPD/RE Code:	Pattern of Misconduct, AR 635-200, Chapter
   14-12B/JKA/RE 3
e. Unit of assignment:			HHC, 3rd STB, Fort Stewart, Georgia
f. Current Enlistment Date/Term:	26 February 2008, 8 years
g. Current Enlistment Service:	4 years, 4 months, 18 days
h. Total Service:			9 years, 28 days
i. Time Lost:				None
j. Previous Discharges:		USMC (020722-060721), HD
						Inactive Service, NIF, 8 months, 9 days 
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	92G10, Food Service Operations
m. GT Score:				88
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Iraq-2 (once in the USMC), Kuwait (081031-091025)
   and (100424-110414)
q. Decorations/Awards:		ARCOM-2, AAM-2, AGCM,-2, NDSM, GWOTEM 
						ICMCS-2, ASR, OSR-2, USN Unit COM, USMC 
						GCM, USN Sea Svc Ribbon 
r. Administrative Separation Board: 	Yes
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 February 2008 for a period of 8 years.  He was 23 years old at the time of entry and a high school graduate.  He served in Iraq, Kuwait, and Fort Stewart, GA.  He earned two ARCOMs, two AAM’s, the ICMCS and completed          4 years, 4 months, and 18 days of active duty service for the period under review.  The applicant had 4 years prior service in the USMC, earning several awards and deploying in support of Iraqi freedom.  His DD Form 214 from the USMC reflects the applicant had              8 months and 9 days of prior inactive service.  He had a total of 9 years and 28 days of military service.
  
SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 7 November 2011, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12b, pattern of misconduct.  Specifically for:

	Having two serious alcohol related incidents within a 6 month period.

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

3.  On 9 November 2011, the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board.  The applicant submitted 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 an under other than honorable conditions discharge.  

4.  On 3 February 2012 (NIF), the applicant was notified to appear before an administrative separation board and advised of his rights.  

5.  On 23 February 2012, the administrative separation board convened and the applicant appeared with counsel.  The board recommended the applicant’s discharge with characterization of service of general, under honorable conditions; however, the board noted the applicant is a deserving Soldier whose separation should not be ended and who should be given a probationary period not to exceed six months to show successful rehabilitation before his enlistment or obligated service expires IAW AR 635-200, paragraph 1-18.
  
6.  On 12 June 2012, the separation authority approved the recommendation of the administrative separation board and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

7.  The applicant was discharged from the Army on 13 July 2012, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for pattern of  misconduct, a Separation Program Designator code (SPD) of JKA and an RE code of 3. 
8.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 1 July 2011, failure to report on 27 April 2011; driving under the influence of alcohol and having an open container of alcoholic beverage while operating a vehicle on or about 2 May 2011.  The punishment consisted of reduction to the grade of E-2, forfeiture of $822 pay (suspended), 45 days of extra duty. (FG) 

2.  Two negative counseling statements dated between 5 May 2011 and 16 September 2011, for DUI and notification of elimination of service recommendation.
      
3.  An MP Report dated 2 May 2011, that indicates the applicant was the subject of an investigation for DUI and for open container violation. 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and three letters of support.

POST-SERVICE ACTIVITY: 

The applicant states he is attempting to find employment and be a productive member of society.  

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 an Article 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 the applicant’s service mitigated the misconduct or poor duty performance.  

4.  The applicant contends that he was young and immature at the time of the discharge.  The record shows the applicant met entrance qualification standards to include age.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

5.  The applicant contends that he was having alcohol abuse issues that affected his behavior and the substance abuse assistance he received was ineffective due to the short time period between combat deployments; ultimately this led to him to being discharged.  However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance after his deployment and before committing the misconduct which led to the separation action under review.  

6.  The applicant contends that an upgrade of his discharge will allow him to obtain better employment.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

7.  The third party statements provided with the application speak highly of the applicant’s performance.  They all recognize his good conduct serving in the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant’s chain of command.  Of note, all of the letters were previously considered by the administrative separation board.  As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity.

8.  The records show the proper discharge and separation authority procedures were followed in this case.  

9.  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:  29 January 2014     Location:  Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers:  NA 

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:			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)		AR20130010006



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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