IN THE CASE OF:  Mr.

      BOARD DATE:  	14 March 2014

      CASE NUMBER:  	AR20130019129
___________________________________________________________________________

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 to be 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 and a change to the narrative reason for separation.

2.  The applicant states in, effect, that he is requesting the upgrade of his discharge so that he can use the GI Bill to attend school and provide housing for him and his family.  He believes the characterization of his discharge is misleading to future employers and the characterization of his service is out dated and does not fit his persona as a civilian and it makes it hard for him to acquire a position in the Army Reserve.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		15 October 2013
b. Discharge Received:		General, under honorable conditions 
c. Date of Discharge:			21 February 2013
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, Chapter 14-12b,
AR 635-200, JKA, RE-3
e. Unit of assignment:			Group Service Support Company, Group Support
Battalion, 3rd Special Forces Group (Airborne), Fort Bragg, NC 
f. Current Enlistment Date/Term:	2 May 2011, 3 years, 28 weeks
g. Current Enlistment Service:	1 year, 9 months, 20 days 
h. Total Service:			1 year, 9 months, 20 days
i. Time Lost:				None 
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2	
l. Military Occupational Specialty:	91B1P, Wheeled Vehicle Mechanic
m. GT Score:				91
n. Education:				HS Grad
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:		None
u. Prior Board Review:			None





SUMMARY OF SERVICE:		
	
The applicant's record shows he enlisted in the Regular Army on 2 May 2011, for a period of 3 years and 28 weeks.  He was 22 years old at the time and a high school graduate.  His record does not show any acts of valor or significant achievements.  At the time his discharge proceedings was initiated he was stationed at Fort Bragg, NC.  He completed 1 year, 9 months, and 20 days of active duty service.  

SEPARATION FACTS AND CIRCUMSTANCES

1.  On 30 January 2013, 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; 

      a.  being found by the Fayetteville Police Department in the possession of marijuana via a “roach” in his jacket packet (120818).
      
      b.  being found by the Fayetteville Police Department operating a motor vehicle with an open container of alcohol in the vehicle (120818).
      
      c.  failing to report to his appointed place of duty x 3, (121120), (121206), (130110).

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

3.  The applicant’s election of rights memorandum is not part of the available record and government regularity is presumed in the discharge process.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. 

4.  On 4 February 2013, the intermediate commander reviewed the proposed action and recommended approval of a general, under honorable conditions discharge.  

5.  On 5 February 2013, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions discharge.  

6.  The applicant was separated on 21 February 2013, under the provisions of Army Regulation 635-200, Chapter 14-12b, by reason of a Pattern of Misconduct, with a general, under honorable conditions discharge, an SPD code 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.  The following disciplinary action was taken from the unit commander’s recommendation to separate the applicant from the service.  

      a.  The applicant's disciplinary record includes his acceptance of nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice; for multiple failures to report.  The punishment consisted of reduction to the grade of Private E-1, suspended for 90 days, forfeiture of pay in the amount of $353.00, suspended for 90 days and extra duty for1 4 days (CG).
      
      b.  Vacation of suspended reduction to Private (E-1) on 10 January 2013, based on the applicant’s offense of failing to report to his appointed place of duty (130110). 

		c.  A General Officer Memorandum of Reprimand dated 11 October 2012, for being stopped by the Fayetteville Police due to an arrest warrant for larceny in the state of Virginia; the officer noticed a faint smell of marijuana and searched the car and found approximately one gram of marijuana in a bag, a marijuana roach inside his jacket pocket, and an open bottle of liquor on the floor board (Administrative).  

2.  An Incident/Investigation Report from the Fayetteville Police Department dated 18 August 2012, that indicates the applicant was the subject of an investigation for drugs (marijuana) and alcohol.  

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a self authored statement dated 10 October 2013, with the application.

POST-SERVICE ACTIVITY: 

The applicant did not provide any 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.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12b, for a pattern of misconduct.

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization and the reason for his discharge were 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 or a change to the narrative reason for separation.  

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 the misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge.  The applicant’s service was marred by a Company Grade Article 15, and a General Officer Memorandum of Reprimand.  

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 applicant contends that he is requesting a change of discharge so that he can use the GI Bill to attend school and provide housing for him and his family.  He believes the characterization of his discharge is misleading to future employers and the characterization of his service is out dated and does not fit his persona as a civilian and it makes it hard for him to acquire a position in the Army Reserve.  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.  Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

5.  If the applicant desires to enlist in the Army Reserve, he 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.

6.  The applicant also requested a change to the reason for his discharge.  However, the applicant’s discharge was directed under the provisions of Chapter 14, paragraph 14-12b, AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct,” and the separation code is "JKA."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  

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 Review:  Record Review    Date:  14 March 2014      Location: Washington, DC

Did the Applicant Testify?  No

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 RE Code to:		NA
Grade Restoration to:		NA
Change Authority for Separation:	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	UOTH - Under Other Than                           			               Honorable
ADRB Case Report and Directive (cont)		AR 20130019129

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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