IN THE CASE OF:  	Mr. 

      BOARD DATE:  	25 June 2014

      CASE NUMBER:  	AR20130015412
___________________________________________________________________________

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 a change to the narrative reason for his discharge.

2.  The applicant states, in effect, that he would mainly like to change the reason for separation.  This separation discharge has prevented him from employment and characterized him to be a criminal which he is not.  When a future employer sees that he has a major offense on his DD Form 214, it would appear to a civilian that he had done something terrible while in the service. However, he was an exceptional Soldier who made a bad decision to drink and drive.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		19 August 2013
b. Discharge Received:		General, under honorable conditions 
c. Date of Discharge:			8 June 2012
d. Reason/Authority/SPD/RE:		Misconduct, (Serious Offense), AR 635-200, Chapter 						14-12c, JKQ, RE-3
e. Unit of assignment:			D Company, 2nd Battalion, 3rd Aviation Regiment 3rd 					Combat Aviation Brigade, Hunter Army Airfield, GA
f. Current Enlistment Date/Term:	21 September 2007, 6 years
g. Current Enlistment Service:	4 years, 8 months, 18 days 
h. Total Service:			4 years, 8 months, 18 days
i. Lost time:				None 	
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	15T10, UH 60 Helicopter Repairer 
m. GT Score:				116
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Afghanistan (091115-101124)
q. Decorations/Awards:		ARCOM, AAM-2, AGCM, NDSM, ACM-w/CS-2, 						GWOTSM, HSM, ASR, OSR, NATO MDL
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 21 September 2007, for a period of 6 years.  He was 21 years old at the time and had a HS diploma.  The record shows he served a combat tour in Afghanistan and earned several awards that included an ARCOM, two AAMs and a HSM.  At the time his discharge proceeding were initiated he was serving at Hunter Army Airfield, GA.  He served for 4 years, 8 months, and 18 days.    

SEPARATION FACTS AND CIRCUMSTANCES

1.  On 7 May 2012, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct, commission of a serious offense; specifically for being cited for driving under the influence (DUI), reckless driving, and super speeding.  Soldier also disobeyed 2-3 GSAB Commander in violation of Article 92, UCMJ.

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 9 May 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and stated that he would submit a statement on his 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 of a general, under honorable conditions discharge.  

4.  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 a serious offense.

5.  The applicant was separated on 8 June 2012, 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.  Traffic citation from the Richmond Hill Police Department, dated 19 November 2011, for having three open containers of beer.

2.  Sworn statement from the applicant, dated 21 November 2011, for having open containers of beer.

3.  ASAP enrollment document, dated 28 November 2011.

4.  Three traffic citations from the Savannah-Chatham Metropolitan Police Department, dated 1 
April 2012, for DUI, speeding and reckless driving.

5.  Two negative counseling statements, dated 19 October 2011 (DUI Preventive measures), and 29 November 2011 (recommending an administrative reduction).



EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant submitted an online DD Form 293, DD Form 214, and DD Form 458 (charge sheet), for DUI.

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.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense).

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3.




DISCUSSION AND RECOMMENDATION:

1.  The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge.

2.  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 and a change to the narrative reason.

3.  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 serious misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s service was marred by receiving a DUI, reckless driving, and a super speeding citation.  

4.  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.  

5.  The applicant contends that his separation discharge has prevented him from employment and characterized him to be a criminal which he is not.  When a future employer sees that he has a major offense on his DD Form 214, it would appear to a civilian that had done something terrible while in the service.  The applicant’s contentions are noted; 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.  The applicant contends he was an exceptional Soldier who made a bad decision to drink and drive.  The applicant’s in-service accomplishments and quality of his service during the initial portion of the enlistment under review were considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge.  Moreover, the Board does not grant relief for the purpose of gaining or enhancing employment opportunities.
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.  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:  25 June 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)		AR20130015412



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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