IN THE CASE OF:  	Mr. 

      BOARD DATE:  	21 May 2014

      CASE NUMBER:  	AR20130014488
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and considering the examiner’s 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 a change to the narrative reason for the discharge.

2.  The applicant states, in effect, that the misconduct stated as “serious offense” is a proven hindrance to her receiving unemployment benefits. 
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		5 August 2013 
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			5 April 2013
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, Chapter 						14-12c, JKQ,	RE-3
e. Unit of assignment:			377 Trans Co, 142d CSS Bn, Fort Bliss, TX 
f. Current Enlistment Date/Term:	23 August 2010, 3 years, 21 weeks
g. Current Enlistment Service:	2 years, 7 months, 13 days 
h. Total Service:			2 years, 7 months, 13 days
i. Lost time:				None 	
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	88M10, Motor Transport Operator 
m. GT Score:				102
n. Education:				High School Graduate
o. Overseas Service:			Korea 
p. Combat Service:			None
q. Decorations/Awards:		AAM-2, NDSM, GWOTSM, KDSM, ASR, OSR 
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes	
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant's record shows she enlisted in the Regular Army on 23 August 2010, for a period of 3 years, 21 weeks.  She was 18 years old at the time and was a high school graduate.  She earned several awards that included two AAMs.  At the time her discharge proceedings were initiated she was serving at Fort Bliss, TX.  



SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 14 March 2013, the unit commander notified the applicant of his intent to process her for separation under the provisions of Army Regulation 635-200, paragraph 14-12c, commission of a serious offense; specifically for assaulting Ms. D on 25 January 2013.

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and informed the applicant of her rights.

3.  On 18 March 2013, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of an administrative separation board (was not entitled to such a board), and indicated that she would submit statements on her 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 22 March 2013, the separation authority, waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions under the provisions of AR 635-200, paragraph 14-12c, for the commission of serious offenses.

5.  The applicant was separated on 5 April 2013, under Army Regulation 635-200, Chapter 
14-12c misconduct (serious offense), with a general, under honorable conditions discharge, an SPD code of JKQ and an RE code of 3.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 20 November 2012, failure to report (FTR) on two occasions on 16 October 2012.  The punishment consisted of a reduction to the grade of E-3 (suspended until 130520); forfeiture of $435.00 pay (suspended until 130520) and extra duty and restriction for 14 days (suspended until 130120) (CG).  

2.  Record of Supplementary Action Under Article 15, UCMJ, dated 13 February 2013, vacating the suspension of a reduction to the grade of E-3 and forfeiture of $435 pay for one month.  This punishment was originally imposed on 20 November 2012.

3.  Six negative counseling statements dated between 16 October 2012 and 7 February 2013, for failure to report, failure to maintain a functional phone, issuance of a no contact order, failure to follow an order, assault consummated by battery, and notification of separation under chapter 14-12b of AR 635-200.

4.  A Military Police Desk Blotter, dated 28 January 2013, reflecting that the applicant was the subject of an arrest for assault consummated by a battery (Article 128, UCMJ).
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD 149, dated 1 July 2013; and a DD Form 214. 

POST-SERVICE ACTIVITY: 

None provided with the 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.

ANALYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization and the reason for his discharge were carefully considered.  However, after examining 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 her 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 misconduct, the applicant diminished the quality her service below that meriting a general or a fully honorable discharge.  The applicant’s record of service was marred by an Article 15 for multiple violations of the UCMJ, vacation of suspension and multiple 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 the narrative reason for separation is a hindrance to her receiving unemployment benefits.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities to include unemployment benefits.

5.  The applicant requested a change to the reason for her discharge.  However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "misconduct (serious offense),” and the separation code is "JKQ."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  

6.  Therefore, the reason for discharge being both proper and equitable, recommend the Board deny relief.  



SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Record Review     Date:  21 May 2014      Location:  Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

Witnesses/Observers:  No 

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)		AR20130014488



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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