IN THE CASE OF:  	Mr.

      BOARD DATE:  	25 June 2014

      CASE NUMBER:  	AR20140002347
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review, and notwithstanding the Discussion and Recommendation which follows, the Board determined the discharge to be 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 under other than honorable conditions discharge to a general, under honorable conditions.

2.  The applicant states, in effect, he is requesting an upgrade of his discharge in order to access his veteran’s benefits.  He did not present any issues of propriety or equity for the Board to consider. 
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			3 February 2014
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				15 February 2008
d. Reason/Authority/SPD/RE Code:		Pattern of Misconduct
e. Unit of assignment:				Foxtrot Company, 26th Brigade Support 
Battalion, Camp Falcon, Iraq, APO AE
f. Current Enlistment Date/Term:		1 November 2006/3 years, 2 weeks
g. Current Enlistment Service:		1 year, 3 months, 15 days
h. Total Service:				3 years, 10 months, 11 days
i. Time Lost:					None
j. Previous Discharges:			ARNG, 050719-061031, HD
IADT, 090912-060512
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		92F10, Petroleum Supply Specialist
m. GT Score:					93
n. Education:					GED
o. Overseas Service:				SWA
p. Combat Service:				Iraq (NIF)
q. Decorations/Awards:			GWOTSM, ICM, ASR
r. Administrative Separation Board: 		Waived
s. Performance Ratings:			NA
t. Counseling Statements:			Yes
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 1 November 2006, for a period of 3 years and 2 weeks.  He was 19 years old at the time of entry and had a general equivalency diploma (GED).  He served in Iraq and did not earn any significant awards or decorations.  He completed 3 years, 10 months, and 11 days of active duty service.  When his discharge proceedings were initiated, he was serving at Fort Stewart, Georgia.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On an unknown date, 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:

     a.  disrespecting an NCO on five occasions (070130, 070207, 070923, 071015x2).

     b.  failing to report to his appointed place of duty on 15 March 2007.

     c.  falling asleep on post as a guard sentinel on 19 September 2007.

     d.  threatening two NCOs on 15 October 2007.

2.  Based on the above pattern of misconduct, the unit commander recommended an under other than honorable conditions discharge.

3.  On 14 November 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, 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.  

4.  On 17 December 2007, the separation authority approved the unconditional waiver request and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.  

5.  The applicant was separated on 15 February 2008, under Army Regulation 635-200, Chapter 14-12b, with an under other than 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.  NGB Form 22 (Report of Separation and Record of Service), reflects the applicant was honorably discharged from the Louisiana Army National Guard after serving 1 year, 3 months, and 13 days of credible service.

2.  DA Form 3822-R (Report of Mental Status Evaluation), dated 9 November 2007, reflects the applicant was mentally responsible, had a clear and normal thought process, and could distinguish right from wrong.  He was command referred for evaluation in accordance with Chapter 10 proceedings of AR 635-200.

3.  Three negative counseling statements, dated between 7 February 2007 and 23 September 2007, for belligerent behavior towards a NCO, disrespectful language towards a commissioned officer, failed to obey a lawful order, assault or willfully disobeying a commissioned officer, assault, communicating a threat, failing to report, sleep on duty, and unsafe driving.

4.  A memorandum, dated 18 December 2007, released the applicant from the theater of operations for purpose of legal separation.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 30 January 2014, 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.

ANALYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  

2.  After examining the applicant’s record of service, his military records, and the issue submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to general, under honorable conditions for the following reasons:  

	a. Length and quality of service:  The applicant served 1 year, 3 months, and 15 days of a 3 year enlistment.

	b. The record confirms the applicant served in combat for at least nine months.

	c. The applicant’s record is void of any disciplinary actions or non-judicial punishment imposed under the UCMJ.

3.  This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result inequitable. 

4. The applicant contends he would like to eligible to use his veteran’s benefits.  However, the Board does not grant relief for the purpose of applicants gaining the use of benefits through the Veteran’s Administration. 

5.  In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant full relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable.

BOARD DETERMINATION AND DIRECTED ACTION

After carefully examining the applicant’s record of service during the period of enlistment under review, and notwithstanding the Discussion and Recommendation, the Board determined the discharge to be proper and equitable and voted to deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  25 June 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)		AR20140002347



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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