IN THE CASE OF:  	Mr. 

      BOARD DATE:  	4 December 2013

      CASE NUMBER:  	AR20130015415
___________________________________________________________________________

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 and a change to the narrative reason for the discharge.

2.  The applicant states, in effect, he was diagnosed with PTSD while in service and during that time, he was also committed for mental health reasons.  Rather than the Army discharging him for medical reasons regarding the PTSD, they chose to harass him, target him and basically try to break him.  He feels this was unjust and he wishes all of his medical evidence be reviewed and his discharge be changed to honorable, the separation code be changed to medical and the narrative reason be changed to medical (PTSD).

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		19 August 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			14 August 2012
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, Chapter 14-12b, JKA, RE-3
e. Unit of assignment:			108th Quartermaster Company, 530th Combat							Sustainment Support Battalion, 49th Quartermaster 						Group, Fort Lee, VA
f. Current Enlistment Date/Term:	18 August 2008, 4 years, 34 weeks
g. Current Enlistment Service:	3 years, 11 months, 27 days 
h. Total Service:			3 years, 11 months, 27 days
i. Time Lost:				None 
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	88M10, Motor Transport Operator
m. GT Score:				97
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Iraq (091208-101207)
q. Decorations/Awards:		NDSM, ICM-w/CS, GWOTSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes	
u. Prior Board Review:			None

SUMMARY OF SERVICE:		
	
The applicant's record shows he enlisted in the Regular Army on 18 August 2008, for a period of 4 years and 34 weeks; he was 19 years old at the time and had a high school diploma.  The record shows he served a combat tour in Iraq.  The applicant’s record does not show any significant achievements or acts of valor.  When his discharge proceedings were initiated, he was serving at Fort Lee, VA.

SEPARATION FACTS AND CIRCUMSTANCES

1.  On 18 July 2012, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of pattern of misconduct; specifically for failing to report for duty on diverse occasions.   

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 16 July 2013, the applicant waived consulting 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 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 23 July 2012, 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 August 2012, under Army Regulation 635-200, Chapter 14-12b (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 lost or AWOL time.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  A Field Grade Article 15, dated 18 June 2012, for failing to go to his appointed place of duty at the prescribe time on three occasions (120417, 120308, and 120912).  The applicant’s punishment consisted of reduction to the grade of E-3, suspended, forfeiture of $990.00 pay, and extra duty for 30 days.

2.  Numerous counseling statements covering the period 13 September 2011 to 13 July 2012, for failing to report, malingering, AWOL, failing to obey orders/regulations, not holding military standards, general disrespect, bar to reenlistment, and failing to report back to his appointed place of duty.  

3.  A Mental Status Evaluation dated 16 May 2012, indicates the applicant was not diagnosed with any psychiatric conditions or personality and intelligence disorders.  The applicant was cleared for the proposed administrative action.

EVIDENCE SUBMITTED BY THE APPLICANT 

A DD Form 293 and DD Form 214.



POST-SERVICE ACTIVITY: 

None were 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12b, for a pattern of misconduct.  

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

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 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 serious misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge.  The applicant’s service was marred by a FG Article 15 for multiple specifications of failing to report.   

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 that he was diagnosed with PTSD while in service and during that time, he was also committed for mental health reasons.  Rather than the Army discharging his for medical reasons regarding the PTSD, they chose to harass him, target him and basically try to break him.  However, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  Furthermore, the evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counselings and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.

5.  The applicant contends his discharge was unjust.  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.  

6.  The applicant also requested a change to the reason for his discharge.  However, the applicant’s discharge was directed under the provisions of Chapter 14, paragraph 14-12b, AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct,” and the separation code is "JKA."  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.  

7.  In view of the foregoing, the characterization of service being both proper and equitable, recommend the Board to deny relief.  



SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review    Date:  4 December 2013    Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  yes [redacted]	

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 RE Code to:		NA
Grade Restoration to:		NA
Change Authority for Separation:	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)		AR20130015415



Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1