IN THE CASE OF:  	Mr. 

      BOARD DATE:  	28 April 2014

      CASE NUMBER:  	AR20130014740
___________________________________________________________________________

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 characterization from general, under honorable conditions to fully honorable.

2.  The applicant states, in effect, that he paid into the GI bill and would like to use his education benefits instead of paying out of pocket.  He never received a FG Article 15 or tested positive for any drugs.  He was separated because he received a ticket in GA and  didn’t have the money to pay for it.  He did have some finance issues and his chain of command was aware of it.  He really misses the Army and if he had the chance to do it all over again he would.  He would like to finish his associates in culinary arts.  He is currently living off his VA compensation (back, hip, knees, and feet) which is not much. 
  
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		12 August 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			14 June 2011
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14-12b, 						JKA, RE-3
e. Unit of assignment:			526th Engineer Company, 92nd Engineer Battalion, 						2nd Heavy Brigade Combat Team, 3rd Infantry 						Division, Fort Stewart, GA	
f. Current Enlistment Date/Term:	1 July 2008, 4 years
g. Current Enlistment Service:	2 years, 11 months, 14 days
h. Total Service:			2 years, 11 months, 14 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	21V10, Concrete and Asphalt Equipment Operator
m. GT Score:				89
n. Education:				High School Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, ASR
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 he enlisted in the Regular Army on 1 July 2008, for a period of 4 years.  He was 17 years old at the time and had a high school graduate.  He was serving at Fort Stewart, GA, when his discharge was initiated. The applicant’s record does not show any significant achievements or acts of valor
SEPARATION FACTS AND CIRCUMSTANCES

1.  On 16 May 2011, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason a  pattern of misconduct; specifically for:

	a.  receiving two Articles 15 for being disrespectful to a noncommissioned officers  		(NCOs), (090312 and 100310), 	

	b.  failing to report to his appointed place of duty on five occasions (100222, 100928, 	101026, 110125, and 110301), and 

	c.  failing to obey a lawful general order for which he received an Article 15 (100803).

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

3.  On 18 May 2011, 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 a general, under honorable conditions discharge.  

4.  On 31 May 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 separated on 14 June 2011, under the provisions of Army Regulation 635-200, Chapter 14-12b for a Pattern of Misconduct, with a general, under honorable conditions discharge, an SPD code of JKA and an RE code of 3.

6.  The applicant’s record does not show any time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  A CG Article 15, dated 30 March 2009, for being disrespectful in deportment toward an
NCO (090312).  His punishment imposed consisted of a reduction to E-1 and 11 days extra duty. 

2.  A CG Article 15, dated 31 March 2010, for failing to go at the time prescribed to his appointed place of duty (100222) and was disrespectful in deportment towards an NCO  (100310).  His punishment imposed consisted of a reduction to E-2, forfeiture of $377.00 pay per month for one month, suspended.

3.  A CG Article 15, dated 8 September 2010, for failing to obey a lawful general order from an NCO not to drive on post (100803).  His punishment imposed consisted of a reduction to E-1, forfeiture of $377.00 pay per month for one month, suspended, and extra duty for 14 days.
4.  Numerous negative counseling statements covering the period 2 February 2010 through 4 May 2011, for failing to report, failing to obey a lawful order from an NCO, disrespect to NCOs, failing to support his spouse with BAH-dependent rate, being a high-risk Soldier, driving without a valid driving license, holding an infant child against the mother’s will, notification of being chaptered, violation of the barracks visitation policy, allegations of adultery, failing to report, not being in the right uniform, misuse of government property, revocation of driving privileges, having a military protective order, driving on post after PT, and failing to follow instructions.

EVIDENCE SUBMITTED BY THE APPLICANT 

A DD Form 293, a self-authored statement, and DD Form 214.  

POST-SERVICE ACTIVITY: 

None listed by the applicant.

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 his military records and the issues submitted with the application, there are insufficient 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 of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s service was marred by three Articles 15 for multiple violations of the Uniform Code of Military Justice and numerous negative counseling statements.

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 he never received a FG Article 15 or tested positive for any drugs.   Although the applicant never received a FG Article 15, he received three CG Articles 15, and numerous counseling statements.  The discrediting entries constituted a departure from the standards of conduct expected of Soldiers in the Army. 

5.  The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill.  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.  The applicant contends he really misses the Army and if he had the chance to do it all over again he would.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 

7.  The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The character of the applicant’s discharge is commensurate with his overall service record.

8.  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)		AR20130014740



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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