IN THE CASE OF:  	Mr. 

      BOARD DATE:  	1 July 2014

      CASE NUMBER:  	AR20140003193
___________________________________________________________________________

Board Determination and Directed Action

1.  After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation that follows, the Board determined the discharge is now inequitable.  The Board found the overall length and quality of the applicant's service, to include his combat service and the circumstances surrounding his discharge consisted of only minor infractions with no serious offenses and a recommendation from the Staff Judge Advocate for the applicant to be discharged under Chapter 14-12b, minor infractions.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable.
      
2.  The Board directed the following administrative corrections and reissue of the applicant’s DD Form 214:
      
      a. block 25, separation authority changed to AR 635-200, paragraph 14-12a. 
      b. block 26, separation code changed to JKN. 
      c. block 28, narrative reason for separation changed to Misconduct (Minor Infractions).  


      
      
      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, his discharge was unjust because of one isolated incident where he received an Article 15.  He deeply regretted the non-judicial punishment and discharge, so much so that he reenlisted in the military a few years later.  He contends he has been diagnosed with Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI).  He tries to make the most of his life by continuing his education; however, he needs an upgrade of his discharge in order to use his educational benefits.  He states he is currently living as a homeless veteran and cannot afford to pay for his education.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			18 February 2014
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				28 December 2004
d. Reason/Authority/SPD/RE Code:		Misconduct, AR 635-200, Chapter 14-12c(1),
JKD, RE-3
e. Unit of assignment:				16th Quartermaster Company, Fort Lee, VA
f. Current Enlistment Date/Term:		26 June 2002/3 years
g. Current Enlistment Service:		2 years, 6 months, 3 days
h. Total Service:				3 years, 6 months, 2 days
i. Time Lost:					None
j. Previous Discharges:			DEP, 010626-020625
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		92S10, Laundry/Textile Specialist
m. GT Score:					90
n. Education:					HS Graduate
o. Overseas Service:				Kuwait (030122-040123)
p. Combat Service:				None
q. Decorations/Awards:			NDSM, GWOTEM, GWOTSM, 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 26 June 2002, for a period of 3 years.  He was 20 years old at the time of entry and a high school graduate.  He served in Kuwait and did not earn any significant awards of valor and achievement.  He completed 3 years, 6 months, 2 days of active duty service.  When his discharge proceedings were initiated, he was serving at Fort Lee, Virginia.  As a note, the applicant rejoined the military on 25 April 2007, for a period of 5 years and 11 weeks.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 2 November 2004, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c, misconduct (serious offense).  Specifically for disrespect to a NCO and making a false official statement.

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

3.  On 4 November 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and elected to submit a statement in his own behalf.  The applicant’s service record is void of a rebuttal statement.  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 7 December 2004, 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 28 December 2004, under Army Regulation 635-200, Chapter 14-12c(1), with a general, under honorable conditions discharge, an SPD code of JKD, 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.  Article 15, dated 12 October 2004, for being disrespectful in language and deportment toward CSM D, by failing to go to the position of parade rest and not addressing him with proper military courtesy, willfully disobeying a lawful order from CSM D, and making a false official statement to CSM D.  The punishment consisted of reduction to the grade of E-1, forfeiture of one half month’s pay per month for two months, and extra duty for 45 days (FG).

2.  Two counseling statements dated 4 October 2004, for performance counseling for the month of September, disrespect to a senior NCO, failure to obey an order, and lying to a senior NCO.

3.  DA Form 3822-R (Report of Mental Status Evaluation), dated 14 October 2004, reflects the applicant had a clear and normal thought process and was mentally responsible.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 13 February 2014, and a DD Form 214 covering the period of service under review.

POST-SERVICE ACTIVITY: 

The applicant states he is currently a homeless veteran attempting to complete his education. 

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.  After a careful review of the applicant’s request and his military records, as to the administrative error in his DD Form 214, the service record reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14-12c(1), block 26 separation code  as "JKD" , and block 28, narrative reason for separation as “Misconduct. 

2.  Therefore as approved by the separation authority, the following administrative corrections are recommended:

      a. block 25, separation authority to AR 635-200, Chapter 14-12c
      b. block 26, separation code to JKQ
      c. block 28, reason for separation to Misconduct (Serious Offense)   

3.  Except for the modifications as stated above, the discharge was both proper and equitable.

4.  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.  The applicant diminished the quality of his service below that meriting a fully honorable discharge by his misconduct.  The applicant’s record of service was marred by an Article 15 and two negative counseling statements.

5.  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.  

6.  The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill.  However, 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.

7.  The applicant contends he rejoined the military to make up for his discharge.  However, the applicant’s service accomplishments and the quality of his service after the incidents that caused the initiation of discharge proceeding were carefully considered.  The applicant’s service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the misconduct.  Further, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  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. 
 
8.  The Army Discharge Review Board is authorized to consider post-service factors in the re-characterization of a discharge.  However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct subsequent to leaving the service.  Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered during Board proceedings.  The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.

9.  The applicant contends that he is currently homeless.  However, eligibility for housing supportive program benefits for Veterans 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.  Moreover, all veterans at risk for homelessness or attempting to exit homelessness can request immediate assistance by calling the National Call Center for Homeless Veterans hotline at 1-877-424-3838 for free and confidential assistance.

10.  The applicant contends he has been diagnosed with PTSD and TBI.  However, the service record contains no evidence of a PTSD or TBI diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.

11.  The records show the proper discharge and separation authority procedures were followed in this case.  

12.  In view of the foregoing, recommend the board make the following administrative corrections to the applicant’s DD Form 214 in block 25 change the separation authority to read “paragraph 14-12c,” in block 26 change the SPD code to read “JKQ,” and in block 28 change the narrative reason to read “misconduct (serious offense).”  The characterization of service was found to be both proper and equitable.

BOARD DETERMINATION AND DIRECTED ACTION

1.  After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation that follows, the Board determined the discharge is now inequitable.  The Board found the overall length and quality of the applicant's service, to include his combat service and the circumstances surrounding his discharge consisted of only minor infractions with no serious offenses and a recommendation from the Staff Judge Advocate for the applicant to be discharged under Chapter 14-12a, minor infractions.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable.
      
2.  The Board directed the following administrative corrections and reissue of the applicant’s DD Form 214:
      
      a. block 25, separation authority changed to AR 635-200, paragraph 14-12a. 
      b. block 26, separation code changed to JKN. 
      c. block 28, narrative reason for separation changed to Misconduct (Minor Infractions).  

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:  NA

Board Vote:
Character Change:  4	No Change:  1
Reason Change:	4	No Change:  1
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	Honorable
Change Reason to:			Misconduct (Minor Infractions)
Change Authority for Separation:	AR 635-200, Chapter 14, Paragraph 14-12a
Change RE Code to:		No
Grade Restoration to:		NA
Other:					Separation Program Designator (SPD) code to JKN



























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)		AR20140003193



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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