IN THE CASE OF:	Mr.

      BOARD DATE:	21 March 2014

      CASE NUMBER:	AR20130012522
___________________________________________________________________________

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 to upgrade the characterization of his service from general, under honorable conditions to fully honorable.   

2.  The applicant states, in effect, his request is based on what had occurred at the time he was discharged.  He was sent to Iraq straight out of basic training.  He had been in Iraq for a year—he had no time to take it all in.  Upon returning from Iraq, he was stationed in Germany.  He had an issue getting along with a person and he had a melt down.  He was moved to another platoon and it worked out for a while.  He was given a change to change his behavior but he was still having a difficult time adjusting.  Iraq had a big impact on him.  He knows his actions were wrong; however, after growing up and looking back he saw things could have been different.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	8 July 2013
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	7 March 2006
	d.	Reason/Authority/SPD/RE Code:	Pattern of Misconduct, AR 635-200, Paragraph 14-
			12b, JKA, RE-3
	e.	Unit of assignment:	A Co, 299th FSB, 2nd Bde, 1st Infantry Division, 
			Schweinfurt, Germany
	f.	Current Enlistment Date/Term:	18 June 2003, 5 years
	g.	Current Enlistment Service:	2 years, 8 months, 20 days
	h.	Total Service:	2 years, 8 months, 20 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	63B10, Wheeled Vehicle Mechanic
	m.	GT Score:	91
	n.	Education:	HS Graduate 
	o.	Overseas Service:	SWA, Germany
	p.	Combat Service:	Iraq (040211-050210)
	q.	Decorations/Awards:	NDSM; ICM; GWOTSM; ASR; OSR; VUA; MUC
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	Yes
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:  

The applicant enlisted in the Regular Army on 18 June 2003, for a period of 5 years.  He was 18 years old at the time of entry and a high school graduate.  He served in Germany and Iraq.  He completed 2 years, 8 months, and 20 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 13 February 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct, specifically for the receiving an Article 15 punishment for the following offenses:  

a. disrespecting an NCO;
b. disobeying an NCO; and
c. communicating a threat to an NCO.

He also received numerous counseling statements for being late to formations, not shaving before work, being disrespectful to NCOs on more than one occasion, and not maintaining the standard for his boots and uniform.

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 15 February 2006, the applicant waived consulting with legal counsel, indicated he understood the impact of the discharge action, and did not submit a statement on his own 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.  On 28 February 2006, 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 7 March 2006, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for pattern of misconduct, a Separation Program Designator code (SPD) of JKA and an RE code of 3. 

6.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.    

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 19 September 2005, for being disrespectful in language and deportment toward an NCO (050714), disobeying an NCO (050714), communicating a threat to an NCO (050714).  The punishment consisted of reduction to the grade of E-2, forfeiture of $692 per month for two months, 45 days of extra duty and restriction, (FG). 

2.  Eight negative counseling statements, dated between 20 January 2005 and 6 October 2005, for being processed for an involuntary separation; failing to be at his appointed place of duty at the prescribed time; failing to obey rules and regulations of AR 670-1, Wear and Appearance of the Military Uniform; having an insubordinate conduct; failing to report in proper uniform; failing to obey orders and regulations; disrespecting and disobeying an NCO; and being insubordinate toward an NCO.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 214 for service under current review and statement regarding educational counseling, dated 6 March 2006.

POST-SERVICE ACTIVITY: 

The applicant provided none.  

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 documents and 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.  His misconduct brought discredit on the Army and was prejudicial to good order and discipline.  By the pattern of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by an Article 15 action 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 the applicant’s service mitigated the misconduct or poor duty performance.  

4.  The applicant contends he is growing up now and sees that things could have been different at the time of the discharge.  The record shows the applicant met entrance qualification standards to include age.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

5.  The applicant contends he had a difficult time adjusting and justifies it as an entitlement to an upgrade of his discharge because of the mitigating circumstances which contributed to his misconduct.  Specifically, he claims stress at work and being impacted by his Iraq deployment resulted in his discharge.  While the applicant may believe his stress was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.

6.  The applicant provided a copy of his counseling regarding the benefits of the GI Bill.  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.

7.  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.  Accordingly, the records show the proper discharge and separation authority procedures were followed in this case.  

8.  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:  21 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)		AR20130012522



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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