IN THE CASE OF:  	Mr. 

      BOARD DATE:  	19 May 2014

      CASE NUMBER:  	AR20130020371
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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, he needs an upgrade to obtain better employment and was overlooked for more stable employment due to his discharge.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 		8 November 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			19 June 2008
d. Reason/Authority/SPD/RE Code:	Pattern of Misconduct, AR 635-200, Chapter 14 						paragraph 14-12b, JKA, RE-3
e. Unit of assignment:			546th Maintenance Company, 88th Brigade Support 						Battalion, Fort Polk, LA
f. Current Enlistment Date/Term:	14 September 2005, 4 years
g. Current Enlistment Service:	2 years, 9 months, 6 days 
h. Total Service:			2 years, 9 months, 6 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	94E10, Radio and Communications Security Repairer
m. GT Score:				105
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (060914-070913)
q. Decorations/Awards:		NDSM, ICM, GWOTSM, ASR, OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		Yes
u. Prior Board Review:			Yes/15 June 2012/Records Review

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 14 September 2005, for a period of 4 years.  He was 18 years old at the time of entry and a HS Graduate.  He was trained in and awarded military occupational specialty (MOS) 94E10 Radio and Communications Security Repairer. His record also shows that he served a combat tour, but did not earn any awards for acts of valor or meritorious achievements; and he achieved the rank of PFC/E-3.  He was serving at Fort Polk, LA when his discharge was initiated.




SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 12 June 2008, 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 offenses:  

     a.  committing an assault consummated by a battery upon SPC M, by unlawfully striking him in the head with his fist (061029),

     b.  disobeying a lawful order from a noncommissioned officer (SGT S), to get out of bed and go to formation (061029),

     c.  receiving a Company Grade Article 15 on 19 March 2008, for failing to go at the time prescribed to his appointed place of duty on several occasions between (081204-090124),

     d.  being disrespectful in deportment towards a noncommissioned officer (SSG H), by refusing to go to parade rest (071211),

     e.  failing to go at the time prescribed to his appointed place of duty x 2 (080213, 080320).

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 12 June 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and indicated he intended to submit a statement on his behalf, which is not contained in the available record.  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 13 June 2008, 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 19 June 2008, 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.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  An Article 15, dated 19 March 2008 for without authority, failing to go at the time prescribed to his appointed place of duty on divers occasions between (081204-090124); and being disrespectful in deportment towards a noncommissioned officer (SSG H), by refusing to go to parade rest (071211); the punishment consisted of a reduction to E-2, extra duty for 14 days and restriction for 14 days, (CG).

2.  The record contains several DA Forms 2823 (Sworn Statement), the content of the statements were illegible.

3.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 9 April 2008, which indicated the applicant was psychiatrically cleared for any administrative action deem appropriate by command. 

4.  He received thirteen negative counseling statements, completed between 29 October 2006 and 20 March 2008 for assault consummated by battery, failing to obey an order or regulation, failing to report on numerous occasions, disrespecting an NCO, being recommended for UCMJ action, being late to CLS class numerous times, being late for PT formation on divers occasions, and being late for range formation.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with his 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, 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 and thirteen 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 needs an upgrade to obtain better employment and was overlooked for more stable employment due to his discharge.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

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:  Personal Appearance      Date:  19 May 2014     Location:  Washington, DC

Did the Applicant Testify:  Yes

Counsel:  None

Witnesses/Observers:  None

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional document:

     a.  Character reference letter – 1 page

2.  The applicant presented the no additional contentions.

In addition to the evidence in the record, the Board carefully considered the additional document and testimony presented by the applicant at the personal appearance hearing.

Board Vote:
Character Change:  1	No Change:  4
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)		AR20130020371



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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