IN THE CASE OF:	Mr. 

      BOARD DATE:	30 May 2014

      CASE NUMBER:	AR20130014389
___________________________________________________________________________

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, blocks 25, 26, 27, and 28, contain erroneous entries.  

3.  The Board directed the following administrative corrections and reissue of the applicant’s DD Form 214, as approved by the separation authority:

	a.	change block 25, separation authority to AR 635-200, Paragraph 14-12b;
	b.	change block 26, separation code to JKA; 
	c.	change block 27, reentry code to 3; and
	d.	change block 28, narrative reason for separation to Pattern of Misconduct.





      
      
      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 under other than honorable to fully honorable. 

2.  The applicant states, in effect, he is trying to complete his education and pursuing a bachelor’s degree.  It is also difficult to obtain a decent employment.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	5 August 2013
	b.	Discharge Received:	Under Other Than Honorable Conditions
	c.	Date of Discharge:	17 February 2012
	d.	Reason/Authority/SPD/RE Code:	Misconduct (Civil Conviction) AR 635-200, Chapter 
			14, Section II, JKB, RE-4
	e.	Unit of assignment:	F Co, 210th BSB, 2nd BCT, Fort Drum, NY
	f.	Current Enlistment Date/Term:	14 October 2008, 3 years, 24 weeks
	g.	Current Enlistment Service:	3 years, 3 months, 10 days 
	h.	Total Service:	3 years, 3 months, 10 days
	i.	Time Lost:	25 days
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-3
	l.	Military Occupational Specialty:	92G10, Food Service Operation Specialist
	m.	GT Score:	90
	n.	Education:	HS Graduate
	o.	Overseas Service:	SWA
	p.	Combat Service:	Iraq (091018-100626)
	q.	Decorations/Awards:	NDSM; ICM-CS; GWOTSM; ASR
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	NIF
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:  

The applicant enlisted in the Regular Army on 14 October 2008, for a period of 3 years and 24 weeks.  He was 18 years old at the time of entry and had a vocational certificate.  He was trained in and awarded military occupational specialty (MOS) 92G10, Food Service Operation Specialist.  He served in Iraq.  His record documents no acts of valor or other significant achievement.  He completed 3 years, 3 months, and 10 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record shows that on 7 December 2011, 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 for the following offenses:

	a.	being AWOL on divers occasions;
	b.	failing to obey a lawful order; and 
	c.	making a false official statement.

2.  The unit commander recommended an under other than honorable conditions discharge and advised the applicant of his rights.

3.  On 8 December 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily and unconditionally waived consideration of his case by an administrative separation board and elected to submit a statement on his behalf.  On 15 December 2011, the applicant failed to submit written matters on his behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed action and recommended approval with an under other than honorable conditions discharge.  

4.  On 3 February 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions and reduction to the lowest enlisted grade under the provisions of Chapter 14, Paragraph 14-12b, pattern of misconduct.  

5.  The applicant was discharged from the Army on 17 February 2012, with a characterization of service of under other than honorable conditions under the provisions of Chapter 14, Section II, AR 635-200, for misconduct (civil conviction), a Separation Program Designator code (SPD) of JKB and an RE code of 4. 

6.  The applicant's record shows he was absent without leave (AWOL) during the period 17 May 2011 through 1 June 2011, and 21 June 2011 through 29 June 2011, for a total of 25 days.  The records indicate the applicant returned to his unit after each period of being AWOL.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  First Judicial Circuit, US Army, Fort Drum, NY, in an Offer to Plead, dated 13 October 2011, the applicant after consulting with legal counsel, waived his right to an administrative separation board even if it meant that he would receive an under other honorable discharge.  

2.  Summary court-martial packet with a Report of Result of Trial indicates that on 19 October 2011, a summary court-martial convened and found the applicant guilty of the following charges and its specification(s):

	a.	Charge I - five specifications of violating Article 86, UCMJ:  being AWOL (110621-110629) and failing to go to his appointed place of duty at the prescribed time on four separate occasions (110702, 110707 x 2, and 110810).
	b.	Charge II – violation of Article 92, UCMJ, by disobeying an order (110811); and
	c.	Charge III – violation of Article 107, UCMJ, by making a false official statement (110702).

The applicant received a sentence of confinement for 30 days.  The sentence was approved on 28 October 2011.

3.  Article 15, dated 29 June 2011, for being AWOL (110517-110601).  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). 

4.  Record of Supplementary Action under Article 15, dated 12 May 2011, indicates the applicant’s suspended punishment of reduction to E-2 imposed on 18 March 2011, was vacated for failing to go to his appointed place of duty at the prescribed time on two occasions (110418 and 110429).

5.  Article 15, dated 18 March 2011, for failing to go to his appointed place of duty at the prescribed time (110222).  The punishment consisted of reduction to E-2 (suspended), 14 days of extra duty, 14 days of restriction (suspended), and oral reprimand, (CG).

6.  Twenty negative counseling statements dated between 22 February 2011 and 5 October 2011, for being AWOL; failing to be at his appointed place of duty at the prescribed time; violating AR 630-10; being recommended and receiving an involuntary separation; failing to follow instructions; and disobeying a commissioned officer.
      
7.  Six DA Form 4187, Personnel Action, indicating the following changes of duty status:

	a.	on 6 July 2011, from AWOL to PDY;
	b.	on 1 July 2011, from PDY to AWOL;
	c.	on 29 June 2011, AWOL to PDY;
	d.	on 21 June 2011, PDY to AWOL;
	e.	on 1 June 2011, AWOL to PDY; and
	f.	on 17 May 2011, PDY to AWOL.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none.

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.  After examining the applicant’s record of service, 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 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 repeated incidents or pattern of misconduct, the applicant diminished the quality of his service below that meriting a general, under honorable conditions or a fully honorable discharge.  The applicant’s record of service was marred by a summary court-martial and 2 Article 15 actions for multiple violations of the Uniform Code of Military Justice, a record of supplemental action under Article 15 of the UCMJ and numerous 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 has expressed his desire 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.

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

6.  The service record indicates that someone in the discharge process erroneously entered the reason for separation as misconduct (civil conviction), authority as AR 635-200, Chapter 14, Section II, SPD code of JKB, and reentry code of 4.  The separation authority approved the discharge under the provisions of AR 635-200, paragraph 14-12b, for pattern of misconduct.

7.  Therefore, the characterization of service being both, proper and equitable, recommend the Board deny relief.  However, recommend the Board make the following changes:  

	a.	 change block 25, separation authority to AR 635-200, paragraph 14-12b;
	b.	change block 26, separation code to JKA; 
	c.	change block 27, reentry code to 3; and
	c.	change block 28, narrative reason for separation to Pattern of Misconduct.  

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review         Date:  30 May 2014         Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

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:			Misconduct (Pattern of Misconduct)
Change Authority for Separation:	AR 35-200, Chapter 14, Paragraph 14-12b
Change RE Code to:		3
Grade Restoration to:		NA
Other:  				Separation Program Designator (SPD) code JKA






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)		AR20130014389

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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