IN THE CASE OF:  	Mr. 

      BOARD DATE:  	2 August 2013

      CASE NUMBER:  	AR20130011122
___________________________________________________________________________

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 would like a better job or career.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		13 June 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			15 May 2009
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14-12b, 						JKA, RE-3
e. Unit of assignment:			B Co, 402d Brigade Support Bn, Fort Lewis, WA
f. Current Enlistment Date/Term:	29 February 2008, 6 years
g. Current Enlistment Service:	1 year, 2 months, 15 days
h. Total Service:			2 years, 7 months, 26 days
i. Time Lost:				None
j. Previous Discharges:		RA (060920-080228), HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	94F10, Computer Detection Systems Repairer
m. GT Score:				103
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, 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 enlisted in the Regular Army on 20 September 2006 and reenlisted on 29 February 2008, for a period of 6 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 Lewis, WA.



SEPARATION FACTS AND CIRCUMSTANCES

1.  On 9 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:

      a. Failing to report 2 times (081030 and 080505)
      b. Providing a false statement (081105)
      c. Receiving a Field Grade Article 15 (081114) for providing a false statement
      d. Failing to pay debts
      e. Failing to adhere to barracks policy

2.  Based on the above pattern of misconduct, the unit commander recommended a general, under honorable conditions discharge and informed the applicant of his rights.

3.  On 15 April 2009, the applicant consulted with 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 27 April 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 15 May 2009, 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.  Company Grade Article 15 issued on 14 November 2008, for with intent to deceive provided a false official statement (081105).  His punishment consisted of reduction to the grade of E-3, forfeiture of pay in the amount of $393.00, 14 days of extra duty and restriction.

2.  Company Grade Article 15 issued on 30 October 2008, for failure to report on 4 occasions (071022, 071217, 080722, and 080912).  His punishment consisted of reduction to the grade of E-2 (suspended), 14 days of extra duty, and 14 days of restriction (suspended).

3.  Summarized Article 15 issued on 28 May 2008, for violation of a lawful general regulation by having a knife with a 12” blade in his room (080426).  His punishment consisted of 14 days of extra duty and restriction.

4.  Fourteen negative counseling statements dated between 23 October 2007 and 5 November 2008, for offenses related to failure to report to his designated place of duty on multiple occasions, failure to pay debts, having an unregistered vehicle, lying to NCOs, health and welfare inspection findings, failure to move off post, AWOL, and using racial slurs.

EVIDENCE SUBMITTED BY THE APPLICANT 

Three character reference letters and a criminal records check.

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, the documents, 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 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 that an upgrade of his discharge will allow him to find better employment and career.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

5.  Moreover, the third party statements provided with the application speak highly of the applicant’s performance.  They all recognize his good conduct and performance after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant’s chain of command.  As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity.

6.  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:  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 20130011122

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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