IN THE CASE OF:  	Mr. 

      BOARD DATE:  	7 May 2014

      CASE NUMBER:  	AR20130010636
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and considering the examiner’s 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 and a change to his narrative reason for discharge.

2.  The applicant states, in effect, that he would like an upgrade of his discharge for the purpose of being able to rejoin the military.  The applicant contends he was a great Soldier who never got into any trouble 3 of the 4 years he served.  He received several awards to include the AGCM.  He got into trouble and was quickly processed out with an unfair reentry eligibility (RE) code of 3.  He needs a second chance in the military; his current characterization of service is having an effect on his life outside the military.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		4 June 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			1 May 2004
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14,						paragraph 14-12b, JKA, RE-3
e. Unit of assignment:			7th Army Training Command, NCOA, APO AE
f. Current Enlistment Date/Term:	31 October 2002, 4 years
g. Current Enlistment Service:	1 year, 6 months, 1 day
h. Total Service:			3 years, 11 months, 9 days
i. Time Lost:				None
j. Previous Discharges:		RA-000503-021030/HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	42L10, Administrative Specialist
m. GT Score:				93
n. Education:				HS Graduate
o. Overseas Service:			Korea, Germany
p. Combat Service:			None
q. Decorations/Awards:		AAM, AGCM, NDSM, KDSM, ASR, GWOTSM
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 3 May 2000, for a period of 3 years.  He was   20 years old at the time of entry and a high school graduate.  On 31 October 2002, he reenlisted for a period of 4 years.  His record indicates he served in Korea and Germany; achieved the rank of SPC/E-4; and earned several awards to include the AAM and AGCM.  He completed a total of 3 years, 11 months, and 9 days of active military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 12 April 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for receiving two Article 15's for numerous offenses

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 13 April 2004, the applicant was given the opportunity to consult with 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 23 April 2004, 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 discharged from the Army on 1 May 2004, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, with a Separation Program Designator code (SPD) of JKA and an RE code of 3. 

6.  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, imposed on 15 December 2003, for failure to go at the time prescribed to his appointed place of duty x 3 (030617, 030813, and 031017) and dereliction in the performance of his duties (031017).  The punishment consisted of reduction to the grade of E-3 and extra duty for 14 days (CG).

2.  Article 15, imposed on 1 March 2004, for failure to go at the time prescribed to his appointed place of duty x 2 (031125 and 031202), disobeying a lawful order from a CSM and SFC (031126 and 040110), being disrespectful in language towards a SFC (031110), making a false official statement to a SSG (040110), and being absent from his unit (040218-040219).  The punishment consisted of reduction to the grade of E-1, forfeiture of $200.00 pay per month for two months, and extra duty and restriction for 45 days (FG). 

3.  An MP Report, dated 25 September 2003, that indicates the applicant was the subject of an investigation for disorderly conduct-bring discredit.
4.  An MP Report, dated 7 October 2003, that indicates the applicant was the subject of an investigation for simple assault-consummated by battery and child neglect.

5.  An MP Report, dated 29 December 2003, that indicates the applicant was the subject of an investigation for larceny of AAFES property-less than $100.00.

6.  Multiple negative counseling statements and associated supporting
documents dated between 17 June 2003 and 9 March 2004 for disobeying orders,
false official statement, failing to provide a family care plan, motor
vehicle violations, dereliction of duty and family issues.

7.  Documents pertaining to an incident involving Social Work Service.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application.

POST-SERVICE ACTIVITY: 

None provided 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, pattern of misconduct.

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

ANALYST’S 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 document 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 fully honorable discharge.  The applicant’s record of service was marred by 2 Article 15s for multiple violations of the Uniform Code of Military Justice and several negative counseling statements.

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 also requested a change in his narrative reason for discharge.  However, 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, for a pattern of misconduct.  The regulation further stipulates that no deviation is authorized.  

5.  The applicant contends he was a great Soldier who never got into any trouble 3 of the 4 years he served and that he received several awards to include the AGCM.  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 or by the multiple negative counseling statements and the documented actions under Article 15 of the Uniform Code of Military Justice.  

6.  The applicant expressed his desires to rejoin the military service.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 

7.  Therefore, the reason for discharge and the characterization being both proper and equitable, recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date:  7 May 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)		AR20130010636



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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