IN THE CASE OF:  	

      BOARD DATE:  	7 August 2013

      CASE NUMBER:  	AR20130010074
___________________________________________________________________________

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 under other than honorable conditions to general under honorable condition, change to reason, and RE code.  

2.  The applicant states, in effect, that he believes his misconduct was due to PTSD.  While he was in Iraq, he was surrounded by multiple explosions.  He saw his friends and fellow Soldiers lose their lives.  His unit lost approximately 10 Soldiers, who he closely worked with to include his commander.  He was knocked unconscious from one of the explosions.  In addition, his wife cheated on him.  He performed his duties to the best of his abilities; however, he started to act out of character due to the PTSD.  He would like to become a more contributing member of society.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		28 May 2013
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			6 May 2011
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, 14-12c 						JKQ, RE-3        
e. Unit of assignment:			Headquarters, 3d Battalion, 8th Cavalry Regiment 						(Rear) (Provisional), 3d Brigade Combat Team (Rear) 					(Provisional), 1st Cavalry Division, Fort Hood, TX
f. Enlistment Date/Term:		10 October 2009, the record is void of an enlistment 						contract
g. Current Enlistment Service:	1 year, 6 months, 27 days
h. Total Service:			2 years, 7 months, 23 days
i. Time Lost:				130 days, AWOL (100413-100820)
j. Previous Discharges:		RA (080506-091009), HD 				
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	12B10, Combat Engineer 
m. GT Score:				110
n. Education:				GED
o. Overseas Service:			SWA, Germany
p. Combat Service:			Iraq (081212-091212)
q. Decorations/Awards:		ARCOM, NDSM, ICM-w/CS-2, GWOTSM, ASR 						OSR, CAB
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 6 May 2008 and reenlisted on 10 October 2009.  He was 20 years old at the time of his reenlistment and had a high school equivalency (GED).   When his discharge proceedings were initiated he was serving at Fort Hood, TX.  The record shows he was awarded an ARCOM and CAB.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 25 February 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for going AWOL (100413-100821).

2.  Based on the above misconduct the unit commander recommended an under other than honorable conditions and advised the applicant of his rights.  

3.  On 19 January 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed action and recommended approval with an under other than honorable conditions discharge.  

4.   On 15 April 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of an under other than honorable conditions.

5.  The applicant was discharged on 6 May 2011, for misconduct (serious offense), under the provisions of AR 635-200, paragraph 14-12c, with an SPD code of JKQ and a reentry code of 3.

6.  The applicant’s record contains a period of 130 days AWOL (100413-100820), the mode of return is unknown.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  Summary court-martial adjudged on 2 February 2011, for the applicant going AWOL (between 100413-100821).  His punishment consisted of a reduction to E-1, forfeiture of $964.00 pay per month for one month, hard labor without confinement for 45 days, and restriction for 2 months.

2.  There are no counseling statements or UCMJ actions in the record. 

EVIDENCE SUBMITTED BY THE APPLICANT 

A DD Form 293; DD Form 214, a two character reference letters; and medical documents, 7 pages.



POST-SERVICE ACTIVITY: 

None listed by the applicant

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.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense).

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge, changing the reason and RE code was carefully considered.  However, after examining the applicant’s service record, the document and the issues submitted with the application, there are insufficient mitigating factors to merit the requested changes.   


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 committing 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 him going AWOL.

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’s service record contains documentation that shows he was diagnosed with an anxiety disorder and not PTSD.  A careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted.  The record shows that on 13 October 2010, the applicant underwent a mental status evaluation which indicated he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  It appears the applicant’s chain of command determined that although he was suffering from the anxiety disorder, he knew the difference between what was right and wrong as indicated by the mental status evaluation.

5.  The applicant contends that he was having family issues that affected his behavior and ultimately caused him to be 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 before committing the misconduct which led to the separation action under review.  

6.  The applicant further contends that he performed his duties/job to the best of his abilities.  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. 

7.  The applicant has expressed his desire to have better job opportunities and become a more contributing member of society.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  Further, 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.

8.  The applicant also requested a change to the reason for his discharge.  However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 with an under other than honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct , (Serious offense)” and the separation code is "JKQ."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  

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: 	7 August 2013	Location: Washington, DC

Did the Applicant Testify?   No

Counsel:  Yes

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 RE Code to:			No Change
Grade Restoration to:			NA
Change Authority for Separation:		No Change
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)		AR20130010074



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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