IN THE CASE OF:	Mr. 

      BOARD DATE:	7 April 2014

      CASE NUMBER:	AR20130021214
___________________________________________________________________________

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 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 to upgrade the characterization of his service from general, under honorable conditions to fully honorable.

2.  The applicant states, in effect, during the period of his discharge, he had a high level of depression due to the treatment he received from leaders in his company, plus his failing marriage.  The counseling statements he received indicate a lot had to do with paying bills and physical training.  He was in the best shape of his life during his service, but it was never good enough.  The first sergeant stated that he lied to him but it was a misunderstanding, as he was not planning on getting married, and informed the first sergeant that he did not plan on it, but then he married his ex-wife the following week or so.  His fellow infantryman isolated from him the next few months after that.  He was smoked on a daily basis for one thing or another, small things but big according to their views.  He understands the treatment the infantry should receive to prepare them for battle, but that wears on you over time, which he considered it to be a little over bound.  He received a lot of psychological scars from that type of treatment.  It is hard for him to celebrate Veterans Day due to his general discharge because the actions could have been prevented, in the first place.  There was no understanding of where a Soldier is coming from and to work with them through any of their struggles and not smoke them until they puke, for 24 hours or more.  He missed a movement for field training due to being hospitalized because he wanted to die.  He was taken care of before he did something too drastic.  It is currently difficult for him due to the level of intense workouts the leadership imposed on him after not having an ID or dog tags, or a clean PT uniform.  There was a smoking fest of 24 hours with having others go up and down mountains to running 10 miles or more until you could not even move.  He has done more PT than ever in his life, with “rucks,” all in one day.  It has caused him to have pain in his back due to compression and degenerative disk and damaged bones in some areas.  He has to live with the sacrifice that would not be honorable.  He gave up so much for a bachelor’s degree in computer science and has a wonderful family that he supports.  From all of this, he believes he should have the honorable discharge he deserves as a service member. 

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	25 November 2013
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	25 February 2000
	d.	Reason/Authority/SPD/RE Code:	Misconduct, AR 635-200, Paragraph 14-12b, JKA, 
			RE-3 
	e.	Unit of assignment:	A Co, 2 nd BN, 14th Inf, 10th Mountain Div, 
			Fort Drum, New York
	f.	Current Enlistment Date/Term:	16 June 1997, 3 years, 17 weeks 
	g.	Current Enlistment Service:	2 years, 8 months, 6 days
	h.	Total Service:	2 years, 8 months, 6 days
	i.	Time Lost:	4 days
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	11B10, Infantryman
	m.	GT Score:	97
	n.	Education:	HS Graduate
	o.	Overseas Service:	Korea
	p.	Combat Service:	None
	q.	Decorations/Awards:	ASR; OSR
	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 16 June 1997, for a period of 3 years and 17 weeks.  He was 18 years old at the time of entry and a high school graduate.  He served in Korea.  He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman.  His record documents no acts of valor or significant achievement.  He completed 2 years, 8 months, and 6 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 24 January 2000, 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, specifically for the following offenses:  

	a	making a false and fictitious statement to an NCO;
	b.	failing to be at his appointed place of duty on several occasions;
	c.	missing movement; and
	d.	being AWOL.

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 25 January 2000, 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.  In an undated memorandum, 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 25 February 2000, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for misconduct, a Separation Program Designator code (SPD) of JKA and an RE code of 3.   

6.  The applicant's record shows he was absent without leave (AWOL) during the period 13 September 1999 through 16 September 1999.  There is no record on the mode of his return to military authorities.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 29 May 1999, for making a false official statement (990405) (Note reference of continuation sheet was made; however, it is not available).  The punishment consisted of reduction to the grade of E-1, forfeiture of $223, 14 days of extra duty and restriction, (CG). 

2.  Counseling statement, dated 31 March 1999, indicates the applicant received a summarized Article 15 for being late but it is not available in the record.

3.  Approximately 41 negative counseling statements, dated between 7 December 1998 and 2 September 1999, for failing to follow direct orders; failing to be at his appointed place of duty; missing movement; rehabilitation attempts and not caring to improve; failing to follow instructions; indebtedness; being scheduled for separation physical; leaving his POV unsecured; personal appearance and hygiene; overwhelming personal problems; maintaining BAH payments to his spouse; inadequate performance on funeral details; showing no initiative; being barred to reenlistment; failing to complete a five-mile battalion run; having an overdue account; making a false official statement to an NCO; breaking restriction; disobeying an order; failing an APFT; receiving a summarized Article 15; involuntary separation being initiated; patterns of misconduct; loss of sensitive items; remedial training; and being absent from duty. 

4.  DA Form 8003, ADAPCP Enrollment, dated 23 August 1999, indicates the applicant was referred by his supervisor.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none.

POST-SERVICE ACTIVITY: 

The applicant provided none. (Based on testimony, the applicant indicated he received a 4-year college degree and current occupation is System Integration Engineer.)

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 pattern of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by Article 15 actions for violations of the Uniform Code of Military Justice and numerous 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 numerous contentions regarding being mistreated by leaders in his unit and as a result he had a high level of depression, and the failing of his marriage affected his behavior that ultimately caused him to be discharged were carefully considered.  However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  Accordingly, this argument is not sufficient to support his request for an upgrade of his discharge.

5.  The applicant contends he received a lot of psychological scars from the mistreatments. However, the service record contains no evidence of any diagnosis relating to mental health conditions and the applicant did not submit any evidence to support the contention that the discharge may have been the result of any medical condition.  

6.  Although the applicant did not clearly express his desire for better job opportunities to support his family and the benefits of the GI Bill toward obtaining a bachelor’s degree in computer science, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  Further, 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

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.  Accordingly, 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 Hearing:  Personal Appearance     Date: 7 April 2014     Location: Washington, DC

Did the Applicant Testify?  Yes

Counsel: None

Witnesses/Observers: None











DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted no additional documents or contentions.

2.  In addition to the evidence in the record, the Board carefully considered the additional documents 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)		AR20130021214

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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