IN THE CASE OF:  	Mr. 

      BOARD DATE:  	28 April 2014

      CASE NUMBER:  	AR20130014251
___________________________________________________________________________

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 from general, under honorable conditions to honorable.

2.  He states, in effect, there is nothing in his military records that would indicate service other than honorable.  He is a decorated disabled veteran who served honorably with no blemishes on his record.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		5 August 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			4 October 2006
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14, 						paragraph 14-12b, JKA, RE-3
e. Unit of assignment:			92nd Chemical Company, Special Troops Battalion, 						Fort Stewart, GA
f. Current Enlistment Date/Term:	1 April 2004, 6 years
g. Current Enlistment Service:	1 year, 9 months 14 days 
h. Total Service:			9 years, 9 months, 3 days
i. Lost time:				None
j. Previous Discharges:		RA (970102-001018)/HD										RA (001019-020507)/HD										RA (020508-040331)/HD
k. Highest Grade Achieved:		E-5
l. Military Occupational Specialty:	52C10, Utility Equipment Repairer/13B10, Cannon						Crewmember
m. GT Score:				103
n. Education:				HS Graduate
o. Overseas Service:			Korea/Southwest Asia
p. Combat Service:			Iraq x 2 (030411-040425) and (050517-051222)
q. Decorations/Awards:		ARCOM-2, AGCM-2, NDSM GWOTSM, NPDR, ASR, 					PUCA
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant's record shows he enlisted in the Regular Army on 2 January 1997, for a period of 3 years.  He was 19 years old at the time of entry and a HS Graduate.  He was trained in and awarded military occupational specialty (MOS) 13B10 Cannon Crewmember.  He reenlisted on 19 October 2000, for a period of 3 years and he was 23 years old at the time.  He subsequently trained in and was awarded military occupational specialty (MOS) 52C10, Utility Equipment Repairer.  His last enlistment on 1 April 2004 was for 6 years and he was 27 years old at the time.  His record also shows that he served two combat tours; earned several awards including an ARCOM-2, AGCM-2; and he achieved the rank of SGT/E-5.  He was serving at Fort Stewart, GA when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that 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 following offenses:

     a.  testing positive for the wrongful use of cocaine, and

     b.  wrongfully operating an automobile while under the influence of alcohol on two separate occasions.

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 30 August 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by 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 a general, under honorable conditions discharge.

4.  On 19 September 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 4 October 2006, 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 (SPD) code 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.  An Article 15, dated 30 May 2005 for wrongfully using cocaine (060128-060131); the punishment consisted of reduction to E-4, forfeiture of $1,000 pay x 2 months, and extra duty for 45 days, (FG).

2.  The record contains a CID Report of Investigation, dated 28 February 2006, indicating the applicant was under investigation for wrongfully using cocaine.

3.  The applicant received a successful NCOER covering the period of April 2004 through      February 2005 and a report covering the period March 2005 through February 2006 which he received a marginal rating.

4.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 15 May 2006, which indicated the applicant was mentally responsible, possessed the mental capacity to understand and participate in the proceedings and was psychiatrically cleared for any administrative action deemed appropriate by command.

5.  The record contains a positive urinalysis report coded IU (Inspection Unit), dated               31 January 2006 for cocaine.

6.  The applicant received three negative counseling statements, dated between 20 January 2006 and 30 May 2006 for DUI and driving with a suspended license on more than one occasion, and being recommended for separation.

7.  The record contains two administrative General Officer Memoranda of Reprimand, dated    20 March 2006 and 10 February 2006 for driving under the influence (DUI) of alcohol, driving while license suspended, improper lane change and violation of an open container and loud music from a vehicle.

8.   A memorandum, suspension of installation driving privileges, dated 10 March 2006 indicated his driving privilege was temporarily suspended for one year.

9.  A Hinesville Police Department, Uniform Traffic Citation, dated 20 January 2006 for driving with a suspended license. 

10.  A time line of events indicated the applicant self referred to the Army Substance Abuse Program (ASAP).

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant did not provide any information 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 record of service, his military records, the issues and documents 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.  By the pattern of misconduct, the applicant diminished the quality 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 there is nothing in his military records that would indicate service other than honorable; he is a decorated disabled veteran who served honorably with no blemishes on his record.  The applicant’s record of service was marred by an Article 15, a CID Report of Investigation, three negative counseling statements, a positive urinalysis report, two administrative General Officer Memoranda of Reprimand, suspension of installation driving privileges, and a Hinesville Police Department, Uniform Traffic Citation justified a pattern of misconduct.

5.  Further, the service record contains no evidence of the applicant being disabled and he did not submit any evidence to support the contention that the discharge was the result of any medical condition.  

6.  Additionally, 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 overcome the reason for discharge and the characterization of service granted as shown by the repeated incidents of misconduct.

7.  Also, the command made an assessment of the applicant's potential for becoming a fully satisfactory Soldier.  The evidence contained in the service record establishes the applicant was afforded a reasonable opportunity to overcome noted deficiencies.  As the applicant did not subsequently conform to required standards of discipline and performance, the command appropriately determined the applicant did not demonstrate the potential for further military service.

8.  The records show the proper discharge and separation authority procedures were followed in this case.  

9.  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:  28 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:		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)		AR20130014251



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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