IN THE CASE OF:	Mr. 

      BOARD DATE	9 April 2014

      CASE NUMBER:	AR20130013720
___________________________________________________________________________

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, block 27 contains the erroneous reentry code of 4.    

3.  In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations.  




      
      
      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, he would like to upgrade his discharge to an honorable. While in the military, he drank alcohol heavily.  He was suffering from PTSD, unbeknownst to him.  He drank to cope with his PTSD and to make the thoughts and images go away.  He was having issues with his significant other and was placed in the barracks with no contact with his child.  Due to all this stress, he had to do something to take away the pain he was feeling and to make me feel better.  Since his discharge, he does not drink anymore and has been diagnosed and is being treated for PTSD through the VA.  In his self-authored statement, he provides information on his enlistment and deployment, and the circumstances and events surrounding the incidents that led to his separation.  In pertinent part and in effect, he adds that since being out of the military, he has not been in any trouble.  He moved back home to be closer to his family. During that period he realized he did have a drinking problem, so he enrolled into a treatment center in July 2012 and completed the program in February 2013.  He also started working as a forklift driver at a distribution center from July 2012 to June 2013.  He subsequently moved to Georgia and enrolled in a college to pursue a degree in criminal justice.  He realized he made some mistakes due to his alcohol abuse while in the military.  Since he completed the addiction program, it has made him to start thinking clearly and making better decisions.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	22 July 2013
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	7 December 2011
	d.	Reason/Authority/SPD/RE Code:	Misconduct (Serious Offense), AR 635-200 
			paragraph 14-12c, JKQ, RE-4
	e.	Unit of assignment:	HHC, STB, 1st BCT, 82nd Airborne Division (Rear) 
			(Provisional), Fort Bragg, NC
	f.	Current Enlistment Date/Term:	22 April 2009, 3 years, 23 weeks
	g.	Current Enlistment Service:	2 years, 7 months, 16 days
	h.	Total Service:	2 years, 7 months, 16 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	92F1P, Petroleum Supply Specialist
	m.	GT Score:	99
	n.	Education:	HS Graduate
	o.	Overseas Service:	SWA
	p.	Combat Service:	Iraq (091211-100723)
	q.	Decorations/Awards:	ARCOM; NDSM; ICM-CS; GWOTSM; ASR; OSR 
			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 22 April 2009, for a period of 3 years and 23 weeks.  He was 22 years old at the time of entry and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 92F1P, Petroleum Supply Specialist.  He served in Iraq.  He earned an ARCOM.  He completed 2 years, 7 months, and 16 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 13 October 2011, 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 misconduct (serious offense), specifically for:

	a.	being involved in a domestic violence incident (101216), where he pulled out his weapon and discharged it, and
	b.	receiving a DUI (110917).  

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 13 October 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action and elected to submit a statement on his own behalf (NIF).  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 3 November 2011, 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 December 2011, 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), a Separation Program Designator code (SPD) of JKQ and an RE code of 4. 

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 20 September 2011, for disobeying a commissioned officer (110312), disorderly conduct (101215), negligently discharging a firearm (101216), and wrongfully and recklessly engaging in conduct with a loaded firearm (101216).  The punishment consisted of reduction to the grade of E-1, forfeiture of $733 per month for two months, 45 days of extra duty and restriction, and oral reprimand, (FG). 

2.  DD Form 2708, Receipt for Inmate or Detained Person, dated 17 September 2011, indicates the applicant was arrested for failing to maintain, DWI (.16% BAC), and speeding, and was released to his unit.

3.  Two negative counseling statements, dated 17 September 2011 and 12 October 2011, for informing him of the intent to separate him for pattern of misconduct, paragraph 14-12b; being involved in domestic incident on two separate occasions (December 2010 and March 2011); and for driving under the influence.

4.  A General Officer Memorandum of Reprimand, dated 22 September 2011, for driving while intoxicated.

5.  Report of Behavioral Health Evaluation, dated 7 February 2011, indicates the applicant was diagnosed with AXIS I: adult antisocial behavior, legal problems; the Soldier was screened for TBI and PTSD; and he was psychiatrically cleared for any administrative action deemed appropriate by his command.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a self-authored statement with his application and DD Form 214 for service under current review.

POST-SERVICE ACTIVITY: 

The applicant states, in effect, he enrolled into a treatment center in July 2012 and completed the program in February 2013.  He also started working as a forklift driver at a distribution center from July 2012 to June 2013.  He subsequently moved to Georgia and enrolled in a college to pursue a degree in criminal justice.  

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, the documents 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.  The applicant by violating the Army's policy not to abuse alcohol and by the serious incidents of misconduct, compromised the special trust and confidence placed in a Soldier.   The applicant, as a Soldier, had the duty to support and abide by the Army's alcohol abuse policies.  By abusing alcohol and by the serious incidents of misconduct, the applicant knowingly risked a military career and 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, a GOMOR, and 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 that he was suffering from PTSD, unbeknownst to him, and turned to drinking alcohol heavily to alleviate his problems.  The Mental Status Evaluation indicates he underwent a mental status evaluation which shows he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  It appears the applicant’s chain of command determined that although he was alcohol dependent, he knew the difference between what was right and wrong as indicated by the mental status evaluation.  Further, there are many Soldiers with the same condition that completed their service successfully.  

5.  Furthermore, the applicant contends he has been diagnosed and is being treated for PTSD through the VA.  However, the service record contains no evidence of a PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  

6.  The applicant contends that since leaving the Army he has not been in any trouble.  When he moved to be closer to his family, he realized he had a drinking problem, so he enrolled into a treatment center in July 2012 and completed the program in February 2013.  He was also employed as a forklift driver at a distribution center from July 2012 to June 2013, and subsequently moved to Georgia and enrolled in a college to pursue a degree in criminal justice.  The applicant’s post-service accomplishments have been noted as outlined on the application.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted.  

7.  The applicant desires to have better job opportunities and the benefits of the GI Bill, however, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  Further, 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. 

8.  The records show the proper discharge and separation authority procedures were followed in this case.  However, based on a comprehensive review, the applicant’s record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4.  The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense).  AR 635-5-1, (Separation Program Designator Codes) and Cross Reference Table shows that a Soldier processed for misconduct (serious offense) will be assigned an SPD Code of JKQ and an RE Code of 3.  

9.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief.   However, in light of the uncovered error recommend the Board administratively change block 27, reentry code to 3, as approved by the separation authority.  

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date:  9 April 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:			No Change
Change Authority for Separation:	NA
Change RE Code to:		3
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)		AR20130013720

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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