IN THE CASE OF:  	Mr. 

      BOARD DATE:  	19 February 2014

      CASE NUMBER:  	AR20130012202
___________________________________________________________________________

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 from general, under honorable conditions to honorable.

2.  He states, in effect, he desires to receive VA benefits.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		1 July 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			27 August 2008
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, 							Chapter 14, paragraph 14-12c, JKQ, RE-3
e. Unit of assignment:			82nd Financial Management Company, 82nd Special 						Troops Battalion, Fort Bragg, NC
f. Current Enlistment Date/Term:	13 July 2006, 6 years
g. Current Enlistment Service:	1 year, 9 months 14 days 
h. Total Service:			7 years, 11 days/block 12c on the applicant’s DD 						Form 214 net active service this period, is incorrect 						and should read 7 years, 11 days to account for 						military confinement as a result of his court martial.
i. Lost time:				91 days
j. Previous Discharges:		RA (010416-040606)/HD										RA (040607-060712)/HD
k. Highest Grade Achieved:		E-6
l. Military Occupational Specialty:	44C10, Financial Management Specialist/96R10 						Ground Surveillance System Operator
m. GT Score:				99
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq x 2 (030228-040227) and (051105-061023)
q. Decorations/Awards:		ARCOM-2, AGCM, NDSM ICM-W/CS, GWOTEM, 						GWOTSM, NPDR, ASR, OSR-2
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:		

The applicant's record shows he enlisted in the Regular Army on 16 April 2001, for a period of 4 years.  He was 29 years old at the time of entry with a high school diploma.  He was trained in and awarded military occupational specialty (MOS) 96R10, Ground Surveillance System Operator.  He reenlisted on 7 June 2004, for a period of 4 years and he was 33 years old at the time.  He subsequently trained in and was awarded military occupational specialty (MOS) 44C10, Financial Management Specialist.  His last enlistment on 13 July 2006 was for 6 years and he was 34 years old at the time.  His record also shows that he served two combat tours; earned several awards including an ARCOM-2, AGCM; and he achieved the rank of SSG/E-6.  He was serving at Fort Bragg, NC when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 11 July 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense for using his position as the finance clerk to steal US currency.

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 11 July 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board, contingent upon him receiving a characterization of service of no less favorable than general, under honorable conditions, 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 28 July 2008, 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 from the Army on 27 August 2008, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct, a Separation Program Designator (SPD) code of JKQ and an RE code of 3. 

6.  The applicant’s service record indicates 91 days of time lost for being in military confinement from 8 February 2008 until 9 May 2008 as a result of a court martial.  However, this period of time lost is not annotated on the DD Form 214 block 29 dates to time lost during this period, see DA Forms 4187.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A Special Court- Martial, dated 8 February 2008 for stealing US currency, military property, of a value more than $500, the property of the US Government (070619); he was sentenced to reduction to E-1, and confinement for 5 months.

2.  The record contains two DA Forms 4187 (Personnel Action), both dated 6 August 2006, which indicated the present for duty and confinement dates.

3.  The applicant received a successful NCOER covering the period of 1 June 2006 through    30 November 2006.

4.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 28 May 2008, which indicated the applicant was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity and was psychiatrically cleared for any administrative action deemed appropriate by Command.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with 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.  However, after examining the applicant’s record of service, his military records, 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 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 misconduct (serious offense), the applicant diminished the quality his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by a court martial, and two DA Forms 4187.

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 desires to receive VA benefits.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

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

6.  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:  19 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)		AR20130012202



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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