IN THE CASE OF:  	Mr. 

      BOARD DATE:  	8 January 2014

      CASE NUMBER:  	AR20130010960
___________________________________________________________________________

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 that follows, the Board determined that the applicant's length and quality of his service were not significantly meritorious to overcome the seriousness of the misconduct that caused his separation from the Army, and as a result the discharge was found to be proper and equitable.  The Board voted to deny the relief requested because it found the nature of the applicant's misconduct of failing to obey a lawful order and being derelict in the performance of his duties does not warrant the award of an honorable characterization of service.



      
      
      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 the narrative reason for discharge.

2.  The applicant states, in effect, he refused to exit an aircraft which was part of his airborne duties.  He contends he was afraid and let his fear overtake his professional bearing, therefore failing to fulfill his duties as a paratrooper in the 82nd Airborne Division.  Shortly after landing his equipment was inspected and the quick release in his waistband was undone.  He was then accused of disobeying a lawful order not to touch his equipment.  He states there was no evidence to support he altered his equipment.  He received an Article 15 and ultimately separated from the military.  He contends he was a good Soldier and would like to reenlist to continue serving his country.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			7 June 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				4 April 2013
d. Reason/Authority/SPD/RE Code:		Misconduct (Serious Offense), AR 635-200,
Chapter 14-12c, JKQ, RE-3
e. Unit of assignment:				A Company, 1st Battalion, 505th Parachute
Infantry Regiment, Fort Bragg, NC
f. Current Enlistment Date/Term:		19 June 2012/4 years, 21 weeks
g. Current Enlistment Service:		9 months, 16 days
h. Total Service:				9 months, 16 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		13F1P, Fire Support Specialist
m. GT Score:					109
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			NDSM, GWOTSM, ASR
r. Administrative Separation Board: 		No
s. Performance Ratings:			No
t. Counseling Statements:			Yes
u. Prior Board Review:				No



SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 19 June 2012 for a period of 4 years and 21 weeks.  He was 18 years old at the time of entry and a high school graduate.  His record is void of any acts of valor or significant achievements.  When his discharge proceedings were initiated he was serving at Fort Bragg, North Carolina.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 25 March 2013, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c, for commission of a serious offense. Specifically for failing to obey a lawful order on or about 12 March 2013, and for being derelict in the performance of his duties on 12 March 2013 by failing to successfully exit an aircraft while in flight.

2.  Based on the above, the unit commander recommended a general, under honorable conditions discharge.

3.  On 25 March 2013, the applicant waived his right to consult with legal counsel, 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 commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  

4.  On 26 March 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 4 April 2013, under Army Regulation 635-200, Chapter 14-12c, with a general, under honorable conditions discharge, an SPD code of JKQ, and an RE code of 3.     

6.  The applicant’s record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The record does not contain any actions under the Uniform Code of Military Justice.

EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided the following in support of his application:

     a.  An online application, dated 24 May 2013.

     b.  Orders Number 086-0300, dated 27 March 2013, Department of the Army, US Army Installation Management Command, Headquarters, US Army Garrison, Fort Bragg, Fort Bragg, North Carolina, discharging the applicant effective 4 April 2013.

     c.  Memorandum, dated 26 March 2013, Headquarters, 3rd Brigade Combat Team, 82nd Airborne Division, Fort Bragg, North Carolina, directing the discharge of the applicant with a general, under honorable conditions discharge.

     d.  Memorandum, dated 25 March 2013, Headquarters, 1st Battalion, 505th Parachute Infantry Regiment, 3rd Brigade Combat Team, 82nd Airborne Division, Fort Bragg, North Carolina, recommending the applicant be discharged with a general, under honorable conditions discharge.

     e.  DA Form 2627 (Record of Proceedings under Article 15, UCMJ), dated 21 March 2013.  The applicant received a Field Grade (FG) Article 15 for being derelict in the performance of his duties in that he willfully failed to successfully exit an aircraft while in flight, as it was his duty to do; and having knowledge of a lawful order issued by SFC C not to touch his airborne equipment, on 12 March 2013, failed to obey the same by wrongfully touching his airborne equipment.  The punishment consisted of reduction to the grade of E-1, forfeiture of $758 per month for two months, extra duty for 45 days, and restriction to the limits of the company area, dining/medical facility, and place of worship for 45 days (FG).

     f.  DA Form 4856 (Developmental Counseling Form), dated 14 March 2013, an event-oriented counseling and recommendation for Article 15.

     g.  DA Form 3881 (Rights Warning Procedure/Waiver Certificate), dated 14 March 2013, for the applicant.

     h.  DA Forms 2823 (Sworn Statement), by the applicant, SSG W, SPC M, SSG M, and SFC C.

     i.  DD Forms 214 (Certificate of Release or Discharge from Active Duty).

     j.  Enlisted Record Brief (ERB), dated 16 January 2013.

     k.  Copy of applicant’s California drivers license and Social Security Card.

POST-SERVICE ACTIVITY: 

The applicant did not provide any in support of 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.  

2.  After examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to fully honorable for the following reasons:  

     a.  Length of service:  The applicant served only nine months and 16 days of a four-year enlistment and had served honorably until the single isolated incident.

     b.  There was no other derogatory information in his official record.  

3.  This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result inequitable.

4.  The applicant contends he refused to exit an aircraft while in flight because he was scared.  He denies altering his airborne equipment after being ordered not to touch it.  He received a FG Article 15 for failing to perform his duties by refusing to exit an aircraft while in flight and disobeying a lawful order from an NCO.

5.  The applicant contends he was a good Soldier and would like to reenlist to continue serving his country.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  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.

6.  In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant full relief in the form of an upgrade of the characterization of service to honorable, change the narrative reason to Secretarial Authority and change the reentry code to RE-1.  

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review     Date:  8 January 2014     Location:  Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers:  NA 

Board Vote:
Character Change:  2	No Change:  3
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)		AR20130010960



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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