IN THE CASE OF:  	Mr. 

      BOARD DATE:  	26 March 2014

      CASE NUMBER:  	AR20130012432
___________________________________________________________________________

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 honorable.

2.  The applicant states, in effect, that he wants to rejoin the military and be able to retire.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		3 July 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			27 February 2013
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, Chapter 14, paragraph 14-12b, 					JKA, RE-3
e. Unit of assignment:			Delta Company, 3rd Brigade Support Battalion, 1st 						Armor Brigade Combat Team, 3rd Infantry Division, 						Fort Stewart, GA
f. Current Enlistment Date/Term:	27 March 2009, 6 years
g. Current Enlistment Service:	3 years, 11 months
h. Total Service:			17 years, 1 month, 13 days
i. Time Lost:				None
j. Previous Discharges:		USAR (931223-940207), NA									IADT (940208-940825), HD									USAR-940826-020108), HD									(Break in Service)											RA (040130-051013, HD										RA (051014-090326), HD										(Concurrent Service)
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	91B10, Wheeled Vehicle Mechanic
m. GT Score:				94
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia x 2, Germany
p. Combat Service:			Afghanistan (060707-070707) and Iraq (081008-						091008) 
q. Decorations/Awards:		ARCOM-2, AGCM-2, NDSM, ACM-w/CS-2, ICM-						w/CS-2, GWOTSM, ASR, OSR-3, NATO MDL, MUC
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 USAR on 23 December 1993, and served for 8 years.  He Joined the Regular Army on 30 January 2004, was 30 years old at the time and a high school graduate.  He reenlisted two additional times and was serving at Fort Stewart, GA, when his discharge proceeding were initiated.  His record shows he was awarded two ARCOMs, two AGCMs, and served a combat tour in Afghanistan in 2006 and Iraq in 2008.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 8 August 2012, 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 to his appointed place of duty on multiple occasions, lying to a noncommissioned officer on multiple occasions.  

	b.  being incarcerated by the Hinesville Police Department for theft by conversion (120612).

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 8 August 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested an administrative separation board, 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 the separation with a general, under honorable conditions discharge.  

4.  The applicant was notified to appear before an administrative separation board and advised of his rights.  

5. On 22 January 2013, the administrative separation board convened and the applicant appeared with counsel.  The board recommended the applicant’s discharge with a characterization of service of general, under honorable conditions.

6.  On 14 February 2013, the separation authority approved the recommendation of the administrative separation board and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

7.  The applicant was discharged from the Army on 27 February 2013, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct,  a Separation Program Designator code (SPD) of JKA and an RE code of 3. 

8.  The applicant’s record does not show any time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The administrative separation board proceedings dated On 22 January 2013.

2.  Numerous negative counseling statements dated between 26 May 2011 and 13 June 2012,   for disrespecting NCOs, failing to report, failing to sign in, disobeying orders, indebtedness, insubordination to a warrant officer, NCO or petty officer, committing larceny, failing to return a rental car, lying to NCOs, providing a false statement, being incarcerated and counseled in regards to his Chapter 14, discharge proceedings.    

3.  A Military Police Report and receipt for inmate dated 12 June 2012.

EVIDENCE SUBMITTED BY THE APPLICANT: 

None were provided with the application.

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

2.  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.  

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 he wants to rejoin the military and be able to retire.  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 are 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. 

5.  The record contains no evidence of arbitrary or capricious actions by the applicant’s command, all requirements of law and regulation were met, and his rights were fully protected throughout the separation process.  

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:  26 March 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)		AR20130012432



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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