IN THE CASE OF:	Mr.

      BOARD DATE:	20 June 2014

      CASE NUMBER:	AR20130016198
___________________________________________________________________________

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 to upgrade the characterization of his service from general, under honorable conditions to fully honorable.  

2.  The applicant states, in effect, his request to change his discharge status is due to not being treated fairly on the eve of a combat deployment to Afghanistan.  Since his discharge he has been a very good citizen.  He is also trying to reenlist with the Army. 

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	3 September 2013
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	28 November 2011
	d.	Reason/Authority/SPD/RE Code:	Pattern of Misconduct, AR 635-200, Paragraph 14-
			12b, JKA, RE-3
	e.	Unit of assignment:	E Co, 1st Bn, 24th IN Regiment, 1SBCT, 25th ID, 
			Fort Wainwright, AK
	f.	Current Enlistment Date/Term:	5 November 2006, 6 years
	g.	Current Enlistment Service:	5 years, 0 months, 24 days
	h.	Total Service:	7 years, 4 months, 14 days
	i.	Time Lost:	None
	j.	Previous Discharges:	RA (040516-061104) / HD
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	11B10, Infantryman
	m.	GT Score:	104
	n.	Education:	GED
	o.	Overseas Service:	Alaska, SWA
	p.	Combat Service:	Iraq (080920-090830), (060619-070919)
	q.	Decorations/Awards:	ARCOM-2; AAM-2; AGCM-2; NDSM; ICM-4CS; 
			GWOTSM; ASR; OSR-3; MUC; CIB
	r.	Administrative Separation Board: 	No, waived unconditionally
	s.	Performance Ratings:	None
	t.	Counseling Statements:	Yes
	u.	Prior Board Review:	No 

SUMMARY OF SERVICE:

The record shows the applicant enlisted in the Regular Army on 16 May 2004, and reenlisted on 5 November 2006, for a period of 6 years.  He was 18 years old at the time of entry and had a high school equivalency (GED).  He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman.  He served in Alaska and Iraq.  He earned 2 ARCOM and 2 AAM awards.  He completed 7 years, 4 months, and 14 days of active duty service.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates on 15 September 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct, specifically for:

	a.	receiving a FG Article 15 on 13 December 2010, for driving under the influence of alcohol and being drunk on duty;
	b.	being charged with poaching in a civilian court; and
	c.	disobeying a lawful order by driving on the military installation while his driving privilege was suspended.

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

3.  On 26 September 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon his receiving a characterization of service no less favorable than an honorable discharge.  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 1 November 2011, the applicant again consulted with legal counsel and unconditionally waived consideration of his case by an administrative separation board, and did not submit a statement on his own behalf.  

5.  On 10 November 2011, the separation authority reviewed the separation packet and the unconditional waiver; waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

6.  The applicant was discharged from the Army on 28 November 2011, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for pattern of misconduct, a Separation Program Designator code (SPD) of JKA and an RE code of 3. 

7.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.    







EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 13 December 2010, for DUI (100926) and being found drunk on duty (101019).  The punishment consisted of reduction to the grade of E-2, forfeiture of $811 (suspended), and 45 days of extra duty and restriction, (FG).  

2.  Eight negative counseling statements, dated between 27 September 2010 and 18 April 2011, for driving under the influence; ensuring he does not consume alcohol to prevent further disciplinary actions; for being enrolled in ASAP; continuing with pattern of misconduct; driving on post with suspended driving privileges; being involved with game warden investigation; illegally taking game animals and shooting migratory waterfowls; pending civilian litigation; and being notified of involuntary separation proceedings. 

3.  A General Officer Memorandum of Reprimand, dated 21 October 2010, for driving while intoxicated.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 214 for service under current review.

POST-SERVICE ACTIVITY: 

The applicant provided none.  

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 the applicant’s record of service, his military records, and the document and issues submitted with the application, there are insufficient mitigating 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 pattern of misconduct and violating the Army's policy not to abuse alcohol, compromised the special trust and confidence placed in a Soldier.  The applicant, as a Soldier, had the duty to support and abide by the Army’s alcohol abuse policies.  By the pattern of misconduct and abusing alcohol, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by a GOMOR, an Article 15 for 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 the applicant’s service mitigated the misconduct or poor duty performance.  

4.  The applicant contends he was not treated fairly.  However, the evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.

5.  The applicant contends that since leaving the Army, he has been a good citizen.  The applicant’s post-service conduct has been noted as outlined on the application.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that his maintaining a good citizenship did not overcome the reason for discharge and characterization of service granted.  

6.  The applicant desires to rejoin the military service.  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 records show the proper discharge and separation authority procedures were followed in this case.  

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:  20 June 2014        Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

Witnesses/Observers:  No

Board Vote:
Character Change:  2	No Change:  3
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)		AR20130016198



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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