IN THE CASE OF:  	Mr. 

      BOARD DATE:  	7 February 2014

      CASE NUMBER:  	AR20130010970
___________________________________________________________________________

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 he was granted service connected disability compensation for depression by the Department of Veterans Affairs (VA).  Overeating is a common symptom of depression.  The reason for his premature discharge was his weight.  He believes his characterization of discharge should be honorable.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		10 June 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			10 September 2010
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14-12b 						JKA, RE-3
e. Unit of assignment:			HQ, 17th Fires Bde, Joint Base Lewis-McChord
      Washington
f. Current Enlistment Date/Term:	30 August 2007, 5 years
g. Current Enlistment Service:	3 years, 11 days
h. Total Service:			4 years, 8 months, 7 days
i. Time Lost:				None
j. Previous Discharges:		RA/060104-070829/HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	13B10, Cannon Crewmember 
m. GT Score:				95
n. Education:				GED
o. Overseas Service:			SWA
p. Combat Service:			Iraq (070511-080708), (090722-100701)
q. Decorations/Awards:		ARCOM, AAM, NDSM, GWOTSM, ICM-CS-2 
ASR, OSR-2, CAB
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 4 January 2006; however, his file is absent of the enlistment contract for this period.  He reenlisted in the RA on 30 August 2004 for 5 years.  He served two combat deployments to Iraq, and was assigned to Joint Base Lewis-McChord, WA when his discharge proceedings were initiated.  The applicant was awarded several awards to include an ARCOM, AAM, and a CAB.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 24 August 2010, 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.  Failing two bar to reenlistment reviews.  

b.  Receiving an Article 15 for failure to obey a lawful general order by wrongfully 
     possessing Spice.
      
      c.  Failure to adapt to military laws, rules, and regulations of the US Army.  

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 24 August 2010, the applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his 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 of a general, under honorable conditions discharge.  

4.  On 25 August 2010, 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 10 September 2010, 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.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 20 May 2010, for wrongfully possessing “K2 Summit Spice” with the intent of improper use (100505).  The punishment consisted of reduction to E-1; forfeiture of $723.00 for two months; extra duty for 45 days; restriction for 41 days (FG).  

2.  Bar to Reenlistment Certificate, dated 21 December 2009 for failing to meet height and weight standards, and not making satisfactory progress, IAW AR 600-9 on 8 separate occasions.

3.  Two bar to reenlistment reviews dated 4 March 2010, and 21 June 2010.

4.  Six negative counseling statements dated between 10 March 2009 and 15 June 2010, for bar to reenlistment review (two occasions), APFT failure x 2, failure to conduct APFT, failure to use the chain of command, FTR, malingering, and lying to an NCO.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 5 June 2013; DD Form 214; and a DA VA claim decision for service connected compensation, dated 6 June 2011.  

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 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 repeated incidents of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s service was marred by an Article 15 for violation 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 his service mitigated the misconduct or poor duty performance.  

4.  The applicant contends that overeating is a common symptom of depression which contributed to his discharge from the Army for being overweight.  However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition.  Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication.  

5.  The fact that the Veterans Administration has granted the applicant a service connected disability for a medical condition suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing.  The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels.  

6.  The 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:  7 February 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)		AR20130010970



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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