IN THE CASE OF:  	Mr. 

      BOARD DATE:  	1 July 2014

      CASE NUMBER:  	AR20130022386
___________________________________________________________________________

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 fully honorable.

2.  The applicant states, in effect, he believes his separation from the military was unnecessary and unprofessional.  He states the reason for his pattern of misconduct was due to the chaos and disorganization of his unit.  He contends it took six months to receive his punishment and his First Sergeant (1SG) was not concerned about his military career.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			17 December 2013
b. Discharge Received:			General, Under Honorable Conditions 
c. Date of Discharge:				4 May 2011
d. Reason/Authority/SPD/RE Code:		Pattern of Misconduct, AR 635-200, Chapter
14-12b, JKA, RE-3
e. Unit of assignment:				Alpha Company, 4-3 Brigade Special Troops
Battalion, Camp Ramadi, Iraq
f. Current Enlistment Date/Term:		18 November 2009/3 years, 17 weeks
g. Current Enlistment Service:		1 year, 5 months, 17 days
h. Total Service:				1 year, 5 months, 17 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-1
l. Military Occupational Specialty:		12B10, Combat Engineer
m. GT Score:					92
n. Education:					HS Graduate
o. Overseas Service:				SWA
p. Combat Service:				Iraq, NIF
q. Decorations/Awards:			ASR
r. Administrative Separation Board: 		NA
s. Performance Ratings:			NA
t. Counseling Statements:			Yes
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 18 November 2009, for a period of 3 years and 17 weeks.  He was 23 years old at the time of entry and a high school graduate.  He served in Iraq and did not earn any significant awards or decorations.  He completed 1 year, 5 months, and 17 days of active duty service.  When his discharge proceedings were initiated, he was serving at Fort Stewart, Georgia.  
SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 12 January 2011, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12b, for a pattern of misconduct. Specifically for driving drunk and feigning illness to avoid work.

2.  Based on the above pattern of misconduct, the unit commander recommended a general, under honorable conditions discharge.

3.  On an unknown date, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf.  In his rebuttal statement, the applicant requested compassion from his chain of command.  He stated he understood his actions and poor decisions he made.  He stated if faced with the same situation he would make a more positive decision regarding drinking and driving.  He admitted to falsifying his physical profile and stated he deserved to be punished.  He requested to be able to remain in the military in order to provide for his family.  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 1 February 2011, the separation authority waived further rehabilitation efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 4 May 2011, under Army Regulation 635-200, Chapter 14-12b, with a general, under honorable conditions discharge, an SPD code of JKA, 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 negative counseling statements, dated between 23 November 2010 and 6 January 2011, for driving while intoxicated, speeding on post, failure to report, falsifying an official document, lying to an NCO, and Chapter 14-12b separation recommendation.

2.  Report of Behavioral Health Evaluation, dated 24 December 2010, reflects the applicant had a clear and normal thought process and was mentally capable.  He was diagnosed with an alcohol dependency and a recommendation for command referral to the Army Substance Abuse Program (ASAP) was made.  The applicant had a negative screening for Post Traumatic Stress Disorder (PTSD) and mild Traumatic Brain Injury (mTBI).  

3.  A Military Police (MP) Report, dated 6 June 2010, reflects the applicant was the subject of an investigation for drunk driving and speeding.

4.  Article 15, dated 4 December 2010, for physically controlling a vehicle while drunk.  The punishment consisted of forfeiture of $723 pay per month for two months (suspended), to be automatically remitted if not vacated before 4 March 2011, and extra duty for 45 days (FG).

5.  Article 15, dated 22 December 2010, for avoiding extra duty by feigning illness.  The punishment consisted of forfeiture of $337 pay per month for one month (suspended), to be automatically remitted if not vacated before 22 March 2011, and extra duty for 14 days (FG).  There is no record of evidence that the previous FG Article 15, dated 4 December 2010, was vacated and the forfeiture of pay imposed.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 11 December 2013, and a DD Form 214 covering the period of service under review.  

POST-SERVICE ACTIVITY: 

The applicant did not provide any in support of 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.



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 issue 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 two Article 15s for violations of the Uniform Code of Military Justice.

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 the only reason for his misconduct is because of the chaos and disorganization of his unit.  He stated it took six months before his punishment was imposed.  However, 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.  

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:  1 July 2014        Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

Witnesses/Observers:  No

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)		AR20130022386



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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