IN THE CASE OF:  	Mr. 

      BOARD DATE:  	21 May 2014

      CASE NUMBER:  	AR20130015467
___________________________________________________________________________

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 improper.  The evidence indicates the applicant was entitled to an administrative separation board because he had over 6 years of total active and reserve military service at the time of initiation of the separation action.  An administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects the applicant did not receive an administrative separation board and did not waive it either.  Denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority.


      
      
      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 general, under honorable conditions discharge to fully honorable.

2.  The applicant states, in effect, his discharge was unjust and untrue because it was based on an Article 15 he received while serving on active duty.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			21 August 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				3 February 2012
d. Reason/Authority/SPD/RE Code:		Pattern of Misconduct, AR 635-200, Chapter
14-12b, JKA, RE-3
e. Unit of assignment:				A Company, 703rd Brigade Support Battalion,
Fort Stewart, GA
f. Current Enlistment Date/Term:		28 August 2009/3 years
g. Current Enlistment Service:		2 years, 5 months, 6 days
h. Total Service:				8 years, 26 days
i. Time Lost:					None
j. Previous Discharges:			USAR (040109-091215), GD
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		92L10, Petroleum Laboratory Specialist 
m. GT Score:					109
n. Education:					HS Graduate
o. Overseas Service:				SWA
p. Combat Service:				Iraq, (100706-110731)
q. Decorations/Awards:			NDSM, ICM-CS, ASR, OSR
r. Administrative Separation Board: 		No
s. Performance Ratings:			NA
t. Counseling Statements:			Yes
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the United States Army Reserves on 9 January 2004, for a period of 8 years.  He reenlisted in the Regular Army on 28 August 2009, for a period of 3 years.  He was 24 years old at the time of reenlistment and a high school graduate.  He served in Iraq and his record is void of any significant achievements or acts of valor.  He completed 8 years and 25 days of military service.  When his discharge proceedings were initiated, he was serving at Fort Stewart, Georgia.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 28 December 2011, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12b, for a pattern of misconduct. Specifically for failing to report on six occasions (100108, 100111, 110915, 110927, 110802, and 111102), and for making a false official statement (110907).

2.  Based on the above pattern of misconduct, the unit commander recommended a general, under honorable conditions discharge.

3.  On 11 January 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own 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 with a general, under honorable conditions discharge.  

4.  On 19 January 2012, the separation authority waived further rehabilitation efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 3 February 2012, under Army Regulation 635-200, Chapter 14-12b, 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 contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Six counseling statements, dated between 8 January 2010 and 2 November 2011, for lying to an NCO, failing to report on four occasions (100108, 110908, 110928, and 111102), substandard performance, and failing to be at appointed place of duty.

2.  DA Form 3822 (Report of Mental Status Evaluation), dated 1 November 2011, reflects the applicant had no obvious impairments, could appreciate the difference between right and wrong, and had a negative screening for Post Traumatic Stress Disorder (PTSD) and mild Traumatic Brain Injury (mTBI).  The evaluation indicated the applicant had multiple opportunities for treatment and his pattern of behaviors had not been conducive to change.

3.  Article 15, dated 16 September 2011, for underage possession of alcohol.  The punishment consisted of reduction to the grade of E-2, forfeiture of $455 pay, and extra duty and restriction for 14 days (suspended for one month) (CG).

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 4 August 2013, and DD Form 214.
POST-SERVICE ACTIVITY: 

The applicant did not provide any in support of his 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 of his discharge was carefully considered.  

2.  After a careful review of all the applicant’s military records, the issue submitted with the application, the discharge appears to be improper.

3.  The evidence of record confirms that the applicant consulted with legal counsel and did not request consideration of his case by an administrative separation board however, the applicant had over 6 years of total active and reserve military service at the time of initiation of separation action.  An administrative separation board is a right and required under the provisions of Army Regulation 635-200. The record reflects that the applicant did not receive an administrative separation board and denial of such a board constituted a prejudicial error to the rights of the applicant and as a result the discharge is improper.  

4.  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 pattern of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by an CG Article 15 and six negative counseling statements.

5.  The records show the proper discharge and separation procedures were not followed in this case.

6.  Therefore, the discharge being improper, recommend the Board grant full relief in the form of an upgrade of a change to the characterization of service to “Honorable,” and a change to the narrative reason for separation to “Secretarial Authority,” under the provisions of Chapter 5, Paragraph 5-3, AR 635-200, with a corresponding separation (SPD) code of "JFF."  This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

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

Did the Applicant Testify?  No

Counsel: None

Witnesses/Observers: NA

Board Vote:
Character Change:  5	No Change:  0
Reason Change:	5	No Change:  0
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	Honorable
Change Reason to:			Secretarial Authority
Change Authority for Separation:	AR 635-200, Chapter 5-3
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					Separation Program Designator (SPD) code to JFF



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)		AR20130015467



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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