IN THE CASE OF:  	Mr. 

      BOARD DATE:  	14 May 2014

      CASE NUMBER:  	AR20130015541
___________________________________________________________________________

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 an upgrade of his discharge characterization from general, under honorable conditions to fully honorable.

2.  The applicant states, in effect, that he and several other Soldiers were being unfairly discharged for any small reasons.  He is currently attending college and would like to rejoin the military as a reservist.  He served in a combat tour in Iraq and served his country the right way.    

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		19 August 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			13 May 2011
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14-12b, 						JKA, RE-3
e. Unit of assignment:			Golf Company, 1-67th Armor Battalion, Fort Carson, 						CO
f. Current Enlistment Date/Term:	4 January 2008, 3 years, 23 weeks
g. Current Enlistment Service:	2 years, 10 months, 21 days
h. Total Service:			2 years, 10 months, 21 days
i. Time Lost:				169 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	92F10, Petroleum Supply Specialist
m. GT Score:				99
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (080905-090814)
q. Decorations/Awards:		ARCOM, NDSM, ICM-CS, GWOTSM, 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 he enlisted in the Regular Army on 4 January 2008, for a period of 3 years and 23 weeks.  He was 22 years old at the time and a high school graduate.  The applicant’s record shows he was awarded an ARCOM and served in a combat tour in Iraq.    When his discharge proceedings were initiated, he was serving at Fort Carson, CO.

SEPARATION FACTS AND CIRCUMSTANCES

1.  On 14 April 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 of pattern of misconduct; specifically for going AWOL x 2 (100705-100707 and 100910-110225).

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 14 April 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on 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 of a general, under honorable conditions discharge.  

4.  On 15 April 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 13 May 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 shows two periods of AWOL (100705-100707 and 100910-110225), for a total of 169 days.  The applicant’s mode of return for the first AWOL period is unknown; however, the applicant was apprehended by the civilian authorities for the second period of AWOL.    

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  FG Article 15, dated 26 May 2010, for failing to go at the time prescribed to his appointed place of duty (100514) and wrongful overindulgence of intoxicating liquor or drugs, incapacitated for the proper performance of his duties (100514).  The punishment imposed consisted of a reduction to E-2, forfeiture of $500.00 pay per month for two months (suspended), and extra duty and restriction for 45 days.

2.  CG Article 15, dated 28 July 2010, for AWOL (100705-100707.  The punishment imposed consisted of a reduction to E-2, forfeiture of $337.00 pay (suspended), extra duty and restriction for 14 days.  

3.  There are 2 negative counseling statements dated 6 July 2010 and 10 March 2011, for failing to maintain contact with SGT F, failing to report, missed movement and several formations which resulted in him going AWOL and a chapter notification.  

4.  DA Forms 4187 for the following periods: 6 July 2010 (present for duty to AWOL), 7 July 2010 (AWOL to present for duty), 10 September 2010 (present for duty to AWOL), 12 October 2010 (AWOL to dropped from rolls), and 25 February 2011 (desertion to present for duty). 

5.  Record of Supplementary Action under Article 15, UCMJ vacating the suspension of punishment imposed on 4 June 2010, in that the applicant went AWOL (100705-100707). 


EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293 4 August 2013, , DD Form 214, an awards recommendation, and a certificate awarding him the ARCOM. 

POST-SERVICE ACTIVITY: 

The applicant contends he is attending college.

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.  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 two Articles 15; and a supplementary action under Article 15 for multiple violations of the Uniform Code of Military Justice. 

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 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.  

5.  The applicant contends that he had good service which included a combat tour.  The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of his discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct or by the negative counseling statements and the documented actions under Article 15 of the Uniform Code of Military Justice.

6.  The applicant contends he was discharge because of small incidents.  Although the applicant considers his incidents to be small, the discrediting entries constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by minor incidents provides the basis for a characterization.  The applicant's incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline.  

7.  The applicant desires to enlist in the Army Reserve.  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 enlist.  If enlistment in the Army Reserve is desired, the applicant should contact a local recruiter to determine his eligibility to enlist.  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. 

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:  14 May 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)		AR20130015541



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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