IN THE CASE OF:  	Mr. 

      BOARD DATE:  	19 February 2014

      CASE NUMBER:  	AR20130012234
___________________________________________________________________________

Board Determination and Directed Action

1.  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.  

2.  However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26 and 28, contain erroneous entries.  

3.  The Board directed the following administrative corrections and reissue of the applicant’s DD Form 214, as approved by the separation authority:

     a.  block 25, separation authority changed to AR 635-200, paragraph 14-12c, 

     b.  block 26, separation code changed to JKQ, 

     c.  block 28, narrative reason for separation changed to Misconduct (Serious Offense).




      
      
      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 and a change to the narrative reason for separation.

2.  He states, in effect, he requests an upgrade to qualify for VA benefits.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		1 July 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			3 January 2006
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, Chapter 14						paragraph 14-12c(2), JKK, RE-3
e. Unit of assignment:			588th Maintenance Company, 19th Maintenance 						Battalion, Fort Sill, OK
f. Current Enlistment Date/Term:	22 October 2003, 3 years
g. Current Enlistment Service:	2 years, 28 days 
h. Total Service:			2 years, 28 days/block 12c on the applicant’s DD 						Form 214 net active service this period, is incorrect 						and should read 2 years, 28 days to account for 						AWOL time.
i. Lost time:				46 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	45B10, Small Arms/Artillery Repairer
m. GT Score:				89
n. Education:				HS Graduate
o. Overseas Service:			Korea
p. Combat Service:			None
q. Decorations/Awards:		AAM-2, NDSM, GWOTSM, KDSM, 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 22 October 2003, for a period of 3 years.  He was 24 years old at the time of entry and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 45B10, Small Arms/Artillery Repairer.  His record does not show he earned any awards for acts of valor or meritorious achievements; and he achieved the rank of PFC/E-3.  He was serving at Fort Sill, OK when his discharge was initiated.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates on 23 November 2005, 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 being absent without leave (AWOL) for an extended period of time.

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 2 December 2005, 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 with a general, under honorable conditions discharge.  

4.  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 3 January 2006, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), with a Separation Program Designator code (SPD) of JKQ and an RE code of 3. 

6.  The applicant’s record of service indicates 46 days of time lost for being AWOL from         18 May 2005 until 2 July 2005; the mode of return is unknown.  Also, this period of time lost is not annotated on the DD Form 214 block 29 dates of time lost during this period.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  An Article 15, dated 4 October 2005 for without authority, absenting himself from his unit (AWOL), (050518-020705); the punishment consisted of reduction to E-1, forfeiture of $617 pay x 2 months (suspended), extra duty for 30 days and restriction for 30 days, (FG).

2.  He received a negative counseling statement, dated 25 August 2005 for failing to obey post driving procedures.

3.  The record contains two DA Forms 3822-R (Report of Mental Status Evaluation), dated       3 November 2005 and 22 September 2005, both of them indicated the applicant was psychiatrically cleared for any administrative (or judicial) 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 and a change to the narrative reason for separation was carefully considered.  However, after examining the applicant’s record of service, his military records, and the issue 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 the misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by an Article 15, and a negative counseling statement.

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 requests an upgrade to qualify for 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.  Furthermore, the service record indicates that someone in the discharge process erroneously entered the reason for separation as misconduct (drug abuse), authority as AR 635-200, paragraph 14-12c(2), and a SPD code of JKK.  However, the separation authority approved the discharge under the provisions of AR 635-200, Chapter 14, paragraph 14-12c, for misconduct (serious offense).

6.  Therefore and as approved by the separation authority, the following administrative corrections are recommended:

     a.  change block 25, separation authority to AR 635-200, paragraph 14-12c

     b.  change block 26, separation code to JKQ

     c.  change block 28, narrative reason for separation to Misconduct (Serious Offense)    

7.  Except for the modifications as stated above the discharge was both proper and equitable.



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:		Yes
Change Characterization to:	No Change
Change Reason to:			Misconduct (Serious Offense)
Change Authority for Separation:	AR 635-200, Chapter 14, Paragraph 14-12c
Grade Restoration to:		NA
Change RE Code to:		NA
Other:					Separation Program Designator (SPD) code JKQ



















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)		AR20130012234



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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