IN THE CASE OF:  	Mr. 

      BOARD DATE:  	27 January 2014

      CASE NUMBER:  	AR20130012174
___________________________________________________________________________

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 to be 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.

2.  The applicant states, in effect, he was discharged from the Army after receiving two driving violations that are considered to be serious acts of misconduct.  He never received a court appearance before he had a chance to defend himself.  He is still dealing with the charges.    One count has already been dropped completely and he will plead guilty to reckless driving in August for the other charge.  His is currently working as a government contractor and is rated among the best.  He believes he was pushed out because of the Army’s draw-down and his case was mishandled.  There were countless discrepancies that led to one of his charges being dropped.  He was such a good Soldier that he never received an Article 15 until these incidents.  He was hospitalized in psychiatric following the first incident and this showed he clearly had an underlying problem.  Since being discharged, he has been diagnosed with a mental disorder and believes he was not properly evaluated.  He is six classes away from having a degree.  Upgrading his discharge would allow him to possibly re-enlist in the future and would also help him move forward in his career.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		28 June 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			3 October 2012
d. Reason/Authority/SPD/RE:		Misconduct (serious Offense), AR 635-200, 14-12c 
      JKQ, RE-3        
e. Unit of assignment:			HHC, 319th Military Intelligence Battalion, Fort Bragg 						NC
f. Enlistment Date/Term:		23 November 2010, 3 years, 41 weeks
g. Current Enlistment Service:	1 year, 10 months, 11 days
h. Total Service:			1 year, 10 months, 11 days
i. Time Lost:				None
j. Previous Discharges:		None 
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	35N10, Signal Intelligence Analyst
m. GT Score:				112
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:		None
t. Counseling Statements:		None	
u. Prior Board Review:			No


SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 23 November 2010, for a period 3 years and 41 weeks.  He was 21 years old at the time and was a high school graduate.  When his discharge proceedings were initiated he was serving at Fort Bragg, NC.  The record does not show any significant achievements or meritorious awards.  

SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 28 August 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconductcommission of a serious offense, specifically for twice driving under the influence (DUI) of alcohol (120704-.13% and 120811-.10%) on two occasions (120704-120811).

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 30 August 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action and stated that he would submit a statement on his own 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 with a general, under honorable conditions discharge.  

4.  On 13 September 2012, 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 on 3 October 2012, for misconduct, serious offense, under the provisions of Chapter 14-12c, with 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

1.  A GOMOR, dated 22 August 2012, for speeding, failing to maintain his lane, and DUI of alcohol (120704).

2.  The applicant contends that he was reduced in rank; however, the record does not contain an Article 15.

3.  The record does not contain any negative counseling.



EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293, college transcripts, doctors diagnosis and referral to psychiatry (depression, anxiety, and bipolar disorder), proof of employment, and a certificate showing church membership.  

POST-SERVICE ACTIVITY: 

Attending college, working and a church member.

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 the applicant’s service record, the documents 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 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 drinking and driving on two occasions, the applicant diminished the quality his service below that meriting an honorable discharge.  

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 contends he never received a court appearance before he had a chance to defend himself.  He is still dealing with the charges.  He believes he was pushed out because of the Army’s draw-down and his case was mishandled.  There were countless discrepancies that led to one of his charges being dropped.  However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   The character of the applicant’s discharge is commensurate with his overall service record.  

5.  The applicant contends he was a good Soldier prior to the alcohol related incidents.  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.

6.  The applicant contends he was hospitalized in psychiatric following the first incident and this showed he clearly had an underlying problem.  Since being discharged, he has been diagnosed with a mental disorder and believes he was not properly evaluated.  However, the service record contains no evidence of having a mental disorder.  In addition, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted.  

7.  The applicant contends upgrading his discharge would allow him to possibly re-enlist in the future and would also help him move forward in his career.  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 is 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. 

8.  The applicant contends he is currently working as a government contractor and is six classes away from having a degree.  The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted.  

9.  The records show the proper discharge and separation authority procedures were followed in this case.  

10.  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:  27 January 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)		AR20130012174



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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