IN THE CASE OF:  	Mr. 

      BOARD DATE:  	4 June 2014

      CASE NUMBER:  	AR20130016506
___________________________________________________________________________

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 from general, under honorable conditions to honorable.

2.  The applicant states, in effect, that he would like an upgrade of his discharge for the purpose of being able to receive better care for his service connected disability and to cover his school tuition.  He contends his misconduct was the result of his wife leaving him, his car being repossessed, and being evicted from his home.  He also contends he had four years of good service with no other incidents requiring discipline.  He received several awards to include two ARCOMs, the AGCM, and other awards.  He was a team leader and the CSM's driver.  His future goals are to finish his education and try to reenlist as an officer or join the local police SWAT team.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		6 September 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			28 June 2012
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14 						Paragraph 14-12b, JKA, RE-3
e. Unit of assignment:			HHC, 2nd Bn, 69th AR Rgt, Fort Benning, GA
f. Current Enlistment Date/Term:	19 May 2008, NIF
g. Current Enlistment Service:	4 years, 19 days
h. Total Service:			4 years, 19 days
i. Time Lost:				22 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	11B10, Infantryman
m. GT Score:				95
n. Education:				GED
o. Overseas Service:			Southwest Asia 
p. Combat Service:			Iraq (091011-100924)
q. Decorations/Awards:		ARCOM-2, AGCM, ICM-w/2CS, NDSM, 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 records show the applicant enlisted in the USAR on 8 November 2007, for a period of 8 years; of which 2 years would be considered as active duty obligation, and 6 years would be served in the reserve component of the service in which he enlisted.  The applicant understood that he would be ordered to active on 19 May 2008 for enlistment in the Army for no less than 2 years.  The applicant record is void of a contract ordering him to active duty; however, the DD Form 214 under review indicates the applicant entered active duty on 19 May 2008.  He was 18 years old at the time of entry and had a high school equivalency (GED).  His record indicates he served a period of combat in Iraq; earned several awards including two ARCOMs and an AGCM, and achieved the rank of SPC/E-4.  He completed 4 years and 19 days of military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 23 May 2012, 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 a pattern of misconduct for going AWOL (110822–110912) and failing to report on (120330).

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 8 June 2012, 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 with a general, under honorable conditions discharge.  

4.  On 13 June 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 discharged from the Army on 28 June 2012, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, with a Separation Program Designator code (SPD) of JKA and an RE code of 3. 

6.  The applicant’s record of service indicates 22 days of time lost for going AWOL 22 August 2011 until his return on 12 September 2011.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Three DD Form 4187 (Personnel Action), dated between 22 August 2011, and                  12 September 2011, changing the applicant's duty status.

2.  Article 15, imposed on 22 November 2011, for going AWOL (110822-110912).  Punishment consisted of a reduction to the grade of E-1, and extra duty and restriction for 45 days (FG).

3.  A Report of Mental Status Evaluation, dated 23 February 2012, which diagnosed the applicant with anxiety and depression.  The behavorial health provider indicated the applicant was not cleared for administrative separation at the time of his evaluation and should be reassesed after 90 days.

4.  The unit commander's recommendation memorandum, dated 8 June 2012, describing his reasons for recommendating the applicant's immediate discharge from the military for a pattern of misconduct.

5.  Memorandum, dated 11 June 2012, from the Administrative and Civil Law Division at Fort Benning, GA, indicating there was sufficient evidence in the applicant's separation packet to support separating him for a pattern of misconduct.

6.  Five negative counseling statements dated between 22 December 2011 and 24 April 2012, for failure to report, driving with a suspended license, violation of counseling, dated 22 December 2011, violation of memorandum from Garrison Command, suspension/revocation of on-post driving privileges, and notification of administrative separation proceedings.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and a character reference letter. 

POST-SERVICE ACTIVITY: 

None were provide 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.

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, the documents and the 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, the applicant diminished the quality his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by an Article 15 for going AWOL and five 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’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of 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 incidents of misconduct or by the multiple negative counseling statements and the documented action under Article 15 of the Uniform Code of Military Justice.

5.  The applicant contends that family issues resulted in his discharge.  While the applicant may believe family issue were the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought assistance from his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  
6.  The applicant expressed a desire for any upgrade of his discharge for the purpose being able to receive better care for his service connected disability and to cover his school tuition.  However, the Board does not grant relief for the purpose of gaining eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill.  Additionally, the Board does not grant relief for the purpose of gaining employment 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:  Record Review     Date:  4 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)		AR20130016506



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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