IN THE CASE OF:  	

      BOARD DATE:  	15 November 2013

      CASE NUMBER:  	AR20130017452
___________________________________________________________________________

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 from general, under honorable conditions to honorable.

2.  The applicant states, in effect, he was having relationship problems due to his girlfriend having a child by someone else.  He became an alcoholic and his leadership did not care.  He was evaluated and informed he was suffering from depression, anxiety, and Post Traumatic Stress Disorder (PTSD).  He desires to receive VA benefits to make a better life for his family. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 		23 September 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			8 June 2012
d. Reason/Authority/SPD/RE Code:	Pattern of Misconduct , AR 635-200, Chapter 14 						paragraph 14-12b, JKA, RE-3
e. Unit of assignment:			A Co, 40th Expeditionary Battalion, Fort Huachuca 						AZ
f. Current Enlistment Date/Term:	21 August 2008, 4 years
g. Current Enlistment Service:	3 years, 9 months, 18 days
h. Total Service:			3 years, 9 months, 18 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	92A1P, Automated Logistical Specialist
m. GT Score:				92
n. Education:				HS Graduate
o. Overseas Service:			Germany/Southwest Asia
p. Combat Service:			Afghanistan (091204-100125)
q. Decorations/Awards:		AAM, NDSM, ACM-W/2 CS, GWOTSM, NPDR, ASR						OSR-2, NATO MDL, CERT/ACH-2
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 21 August 2008, for a period of 4 years.  He was 20 years old at the time of entry and a HS Graduate.  He was trained in and awarded military occupational specialty (MOS) 92A1P, Automated Logistical Specialist.  His record shows he served a combat tour, he earned several awards including an AAM, two Certificates of Achievement and he achieved the rank of SPC/E-4.  He was serving at Fort Huachuca, AZ when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 4 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 pattern of misconduct.  Specifically for the following offense:

     a.  drove on post after driving privileges were revoked,

     b.  drove on a suspended license after a DUI,

     c.  missed accountability formations on divers occasions.

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 7 May 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 the separation with a general, under honorable conditions discharge.  

4.  On 9 May 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’s service record does not contain any evidence of unauthorized absences, or time lost.

6  The applicant was discharged from the Army on 8 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, a Separation Program Designator code (SPD) of JKA and an RE code of 3.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  An Article 15, dated 24 August 2012 for willfully disobeying a lawful order issued by COL F, not to drive on post (110702); the punishment consisted of reduction to E-3, forfeiture of $429 pay (suspended), extra duty for 14 days and restriction for 14 days, (CG).

2.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 15 December 2011 which indicated the applicant was diagnosed with PTSD.  He was seen by Dr R, Psychologist, on      9 November 2011 and CPT F, PCM, on 13 December 2011, both of whom them referred the applicant for evaluation of PTSD.  Electronic records indicated the applicant had an intake for assessment of PTSD/headaches which began post-deployment February 2011 with Dr. L, Psychologist, and on 28 December 2011 at CMH.  However, the applicant could understand and participate in administrative proceedings.
3.  A Memorandum, Mental Status Evaluation, dated 5 April 2012 which indicated that Dr. L, Psychologist never diagnosed the applicant with PTSD, but he met the symptoms criteria. However, the focus of the sessions was not on PTSD.  His concerns were situational and it did not appear that PTSD or PTSD symptoms were a significant contribution to his misconduct or job performance. 

4.  He received four negative counseling statements which were completed between 18 May 2011 and 9 February 2012 for being late for formation, for being arrested for driving after the revocation of his license, missing formations, and being recommended for separation under Chapter 14-12b.

5.  A Memorandum, Suspension/Revocation of On Post Driving Privileges for Intoxicated Driving, dated 28 March 2011, which indicated his post driving privileges were suspended.

6.  The record contains an administrative General Officer Memorandum of Reprimand (GOMOR), dated 5 December 2011 for driving under the influence of alcohol.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293.

POST-SERVICE ACTIVITY: 

The applicant stated he is enrolled at the North American Trade School in the HVAC program.

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.

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 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 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, four negative counseling statements and GOMOR.

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 having relationship problems due to his girlfriend having a child by someone else.  The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Community Counseling Center, and other resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  

5.  The applicant further contends he became an alcoholic and his leadership did not care.  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 contends he was evaluated and informed he was suffering from depression, anxiety, and PTSD.  However, the service record contains no evidence of depression, anxiety, or a PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  

7.  The applicant desires to receive VA benefits to make a better life for his family.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
8.  Furthermore, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

9.  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:  15 November 2013    Location:  Washington, DC

Did the Applicant Testify:  No

Counsel:  None

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:		No Change
Change RE Code to:			No Change
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)		AR20130017452



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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