IN THE CASE OF:  	Mr. 

      BOARD DATE:  	22 January 2014

      CASE NUMBER:  	AR20130018289
___________________________________________________________________________

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 general, under honorable conditions discharge to honorable.

2.  The applicant states, in effect, he is requesting an upgrade because his life is at a standstill.  He feels his discharge is holding him back from many goals he has, and making it difficult to further his future.  With an honorable discharge he would be able to go back to school, start his life over, and get it back on track.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			7 October 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				23 September 2011
d. Reason/Authority/SPD/RE Code:		Misconduct (Serious Offense), AR 635-200
							Chapter 14, paragraph 12c, JKQ, RE-3
e. Unit of assignment:				HHT, 3d BSTB, 3d HBCT, 3d ID, Ft. Benning
						GA
f. Current Enlistment Date/Term:		21 October 2009, 4 Years
g. Current Enlistment Service:		1 Year, 11 Months, 3 Days
h. Total Service:				1 Year, 11 Months, 3 Days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		27D10 Paralegal Specialist
m. GT Score:					116
n. Education:					HS Graduate
o. Overseas Service:				None	
p. Combat Service:				None
q. Decorations/Awards:			NDSM, GWOTSM, ASR
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 October 2009 for a period of 4 years.  He was 19 years old at the time of entry and a high school graduate.  He completed 1 year, 11 months, and 3 days of active duty service.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 10 August 2011, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, paragraph 14-12c, misconduct, commission of a serious offense, for being arrested for driving under the influence (DUI).

2.  Based on the above serious offense, the commander recommended a general, under honorable conditions discharge.

3.  On 23 August 2011, 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 16 September 2011, the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 

5.  The applicant was separated on 23 September 2011, under Army Regulation 635-200, Chapter 14-12c, with a general, under honorable conditions discharge, an SPD code of JKQ, 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.  Three counseling statements for failing to repair, DUI and receiving a reprimand, and initiation of a discharge based on the serious offense of DUI.  
      
2.  A General Officer Memorandum of Reprimand, dated 13 February 2003, for driving while under the influence.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and DD Form 214

POST-SERVICE ACTIVITY: 

None were listed.  

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 committing a serious offense, the applicant diminished the quality his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by a GOMOR for DUI and negative counselings on several occasions.  

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. However, the Board does not grant relief for the purpose of gaining access to veteran's benefits. 

4.  The applicant essentially contends his discharge is holding him back and an upgrade would help him get his life back on track, as well as attend school.  

5.  The records show the proper discharge and separation authority procedures were followed in this case.  

6.  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:  22 January 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)		AR20130018289



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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