IN THE CASE OF:  	

      BOARD DATE:  	27 September 2013

      CASE NUMBER:  	AR20130013230
___________________________________________________________________________

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 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 does not believe the discharged given was adequate due to his time spent overseas and his related issues acquired while serving on active duty.  His discharge was primarily based on one incident that occurred as a result of a serious case of depression that started while serving overseas.  The discharge does not allow for any help in the civilian world.  He had 3 deployments with the 5th Special Forces Group and developed a case of depression which left him in a state of confusion and loss of hope for life which led to his discharge from the Army.   The GD he received does not allow him to get all the benefits and assistance he is entitled to.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		16 July 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			18 July 2012
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, 14-12c 						JKQ, RE-3        
e. Unit of assignment:			HSC, 1st Bn, 5th SF Group, Fort Campbell, KY
f. Enlistment Date/Term:		3 September 2008, 4 years and 25 weeks
g. Current Enlistment Service:	3 years, 7 months, 25 days
h. Total Service:			3 years, 7 months, 25 days
i. Time Lost:				Yes
j. Previous Discharges:		None 
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	92G10, Food Service Operations Specialist
m. GT Score:				114
n. Education:				GED
o. Overseas Service:			SWA
p. Combat Service:			Iraq x 2 (090715-100121 and 110127-110805)
q. Decorations/Awards:		AAM-2, AGCM, NDSM, ICM-2, GWOTSM, ASR 						CAB, 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 3 September 2008, for a period of 4 years and 25 weeks.  He was 17 years old at the time of entry and had a high school equivalency (GED).  He served 2 combat tours in Iraq and at the time his discharge proceedings were initiated he was serving at Fort Campbell, KY.  His record documents the award of 2 AAMs, an AGCM, and a CAB.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 12 June 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 misconduct-commission of a serious offense; specifically for absenting himself from his unit on 16 February 2012, without authority and with the intent to remain away permanently in desertion until his apprehension on 18 February 2012.

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 14 June 2012, 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 of the proposed action with a general, under honorable conditions discharge.  

4.  On 25 June 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 18 July 2012, for misconduct (serious offense), under the provisions of AR 635-200, paragraph 14-12c, with an SPD code of JKQ and a RE code of 3.

6.  The service record contains an entry of 111 days of lost time for being AWOL from            18 February 2012 until his apprehension on 8 May 2012.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  Field Grade Article 15 imposed on 22 May 2012, for desertion.  His punishment consisted of reduction to the grade of E-1, forfeiture of $745.00 per month for 2 months, and 45 days of extra duty and restriction.

2.  Two negative counseling statements, dated 1 June 2012 and 12 June 2012 for debt avoidance and desertion.

3.  A Civilian Police Report dated 18 February 2012, that shows the applicant was the subject of an investigation for possession of a stolen firearm. 

4.  A civilian court finding dated 07 MAY 12 sentencing the applicant to 80
days confinement following his conviction on charges of receiving and
carrying concealed weapons.

EVIDENCE SUBMITTED BY THE APPLICANT 

None.

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

2.  The service 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 serious misconduct of desertion, the applicant diminished the quality his service below that meriting an honorable discharge.  The applicant’s record of service was marred by a Field Grade Article 15, two negative counseling’s, and a period of 111 days in desertion status.

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 that his discharge was based on one incident that occurred from a serious case of depression that started while serving overseas.  However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review.  Moreover, although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  

5.  He also contends his discharge does not allow for any help in the civilian world.  He had 3 deployments with the 5th Special Forces Group and developed a case of depression which left him in a state of confusion and loss of hope for life which led to his discharge from the Army.   The GD he received does not allow him to get all the benefits and assistance he is entitled to.  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.

6.  By regulation, a UOTHC discharge is normally appropriate for a member separated by reason of serious misconduct.  It appears the applicant’s generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge.  

7.  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 to the characterization of discharge as shown by the seriousness of his offense (desertion).

8.  Finally, the applicant contends that his severe depression contributed to his discharge from the Army.  However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition.  In fact, the record shows that on 31 May 2012, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  His record also contains a DD Form 2697, Report of Medical Assessment, which shows the applicant did not have any medical problems and was found to be fit for duty.

9.  In view of the foregoing, 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 September 2013	Location: Washington, DC

Did the Applicant Testify?  No 

Counsel:  Yes

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 RE Code to:			No Change
Grade Restoration to:			NA
Change Authority for Separation:		No Change
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)		AR 20130013230

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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