IN THE CASE OF:  	Mr. 

      BOARD DATE:  	2 August 2013

      CASE NUMBER:  	AR20130011091
___________________________________________________________________________

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 and a change to the reason for the discharge.

2.  The applicant states, in effect, that he is in the process of getting back in the Army and wishes a second chance.  While in the Army, his mother passed away and he became stressed and frustrated because he had no leave to use.  He made a bad decision and ended up getting an Article 15.  He accepts responsibility for his actions, he has learned from his mistakes and now being more mature can focus better and is more self-determined to be successful.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		13 June 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			27 May 2009
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14-12b, 						JKA, RE-3
e. Unit of assignment:			526th Engineer Company, Fort Stewart, GA
f. Current Enlistment Date/Term:	6 August 2008, 4 years
g. Current Enlistment Service:	0 years, 9 months, 22 days
h. Total Service:			1 year, 7 months, 18 days
i. Time Lost:				None
j. Previous Discharges:		IADT (070601-070828), UNC									USAR (061103-070828), NA
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	92A10, Automated Logistics Specialist
m. GT Score:				90
n. Education:				HS graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		ASR
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 served in the US Army Reserve between November 2006 and August 2007.  He joined the Regular Army on 6 August 2008 for a period of 4 years.  He was 21 years old at the time and a high school graduate.   The applicant’s record does not show any significant achievements or acts of valor.  When his discharge proceedings were initiated, he was serving at Fort Stewart, GA.

SEPARATION FACTS AND CIRCUMSTANCES

1.  On 22 April 2009, 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 the following offenses:

      a. Disrespectful in language and deportment to NCOs
      b. Disobeying orders
      c. Failure to report on several occasions 
      d. Driving a motor vehicle without a driver’s license
      e. Conduct unbecoming a Soldier
      f.  Not living up to the Army Values

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 22 April 2009, the applicant waived legal counsel, was advised of the impact of the discharge action, and indicated he would submit a statement on his behalf (NIF).  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 14 May 2009, 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 27 May 2009, under the provisions of Army Regulation 635-200, paragraph 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.  The applicant's disciplinary record includes his acceptance of nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), as follows:

      a. Company Grade Article 15 issued on 4 February 2009, for failure to report (090123), being disrespectful in language and deportment to an NCO (090123), and driving without a driver’s license on two occasions (081221, 090104).  His punishment consisted of reduction to E-2, forfeiture of pay in the amount of $366.00, and 14 days of extra duty.
      
      b. Company Grade Article 15 issued on 25 February 2009, for being disrespectful in deportment to an NCO (090217).  His punishment consisted of reduction to the grade of E-1 and 14 days of extra duty.
      
      c. Field Grade Article 15 issued on 20 March 2009, for being disrespectful in language and deportment to an NCO (090305), and disobeying a lawful order from an NCO (090305).  His punishment consisted of a forfeiture of pay in the amount of $699.00 per month for 2 months (suspended), and 45 days of extra duty.
      
2.  There are 12 negative counseling statements dated between 6 January 2009 and 17 April 2009, for offenses related to disrespecting NCOs, disobeying lawful orders, driving with a suspended license, multiple failures to report, failure to wear the proper uniform and initiation of separation action.

EVIDENCE SUBMITTED BY THE APPLICANT 

DD Form 214, an apology letter, executive discharge summary, and 3 character reference letters.

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.

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, paragraph 14-12b, for 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.

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, the issues and documents submitted with the application, there are insufficient factors to merit an upgrade of the applicant's discharge.  

2.  The record confirms 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 3 Articles 15 for multiple violations of the Uniform Code of Military Justice and numerous 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 he wants to rejoin the Army and wishes a second chance.  While in the Army, his mother passed away and he became stressed and frustrated because he had no leave to use.  He accepts responsibility for his actions and now being more mature can focus better and is more self-determined to be successful.  The applicant is commended for his efforts to become a better person in life.  However, while the applicant may believe his stress at home and work was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his extensive pattern of misconduct.  

5.  Moreover, 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.

6.  The applicant requests a change to the narrative reason for the discharge.  However, he was separated under the provisions of Chapter 14, paragraph 14-12b, AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct ," and the separation code is "JKA."  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 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.  

7.  Finally, if the applicant desires to reenlist, he should contact a local recruiter to determine his eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time.

8.  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:  2 August 2013        Location: Washington, DC

Did the Applicant Testify?  No

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	UOTH - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR 20130011091

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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