IN THE CASE OF:  	Mr. 

      BOARD DATE:  	23 June 2014

      CASE NUMBER:  	AR20140004596
___________________________________________________________________________

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 discharge from general, under honorable conditions to honorable and a change to the narrative reason for discharge.

2.  The applicant states, in effect, that his discharge was the result of his diagnosed PTSD.  He contends he was a very good Soldier until his return from.  After his discharged from the military, he started seeing counselors at his local VA Hospital and was diagnosed with PTSD.  Since then, he has been granted 100 percent disability due his medical issues.  His illness has seriously affected his life but he would do it all again to defend his country.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		6 March 2014
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			7 May 2009
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, Chapter
      14, paragraph 14-12c, JKQ, RE-3
e. Unit of assignment:			HHB, 1st Bn, 320th FA Rgt, Fort Campbell, KY
f. Current Enlistment Date/Term:	16 November 2004, 3 years, 18 weeks
g. Current Enlistment Service:	2 years, 9 months, 12 days
h. Total Service:			2 years, 9 months, 12 days
i. Time Lost:				621 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-5
l. Military Occupational Specialty:	13B10, Cannon Crewmember
m. GT Score:				112
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia 
p. Combat Service:			Iraq (050928-060922)
q. Decorations/Awards:		ARCOM, AAM-3, ICM-w/2CS, NDSM, GWOTSM 						ASR, OSR, CAB
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 November 2004, for a period of 3 years and 18 weeks.  He was 22 years old at the time of entry and had a high school equivalency (GED).  His record indicates he served in Iraq; achieved the rank of SGT/E-5; and received several awards to include an ARCOM, three AAMs and the CAB.  He was serving at Fort Campbell, KY when his separation was initiated.  He completed 2 years, 9 months, and 12 days of total military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 29 April 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of a misconduct (serious offense) for being convicted of being AWOL between (070614 and 090224) and being reduced to the rank of private, forfeiture of $933.00 pay for one month, hard labor without confinement for 45 days and restriction for 60 days.

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 30 April 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board, 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 of the separation with a general, under honorable conditions discharge.

4.  On 4 May 2009, 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 7 May 2009, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), with a Separation Program Designator code (SPD) of JKQ and an RE code of 3. 

6.  The applicant’s record of service indicates 621 days of time lost for going AWOL 14 June 2007 until his return on 24 February 2009.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Three DD Forms 4187 (Personnel Action), changing the applicant's duty status.

2.  Record of Trial by Summary Court Martial, dated 10 April 2009, for going AWOL 7 June 2007 until 24 February 2009.  The punishment consisted of reduction to E-1, forfeiture of $933.00 per month for one month; hard labor without confinement for 45 days, and restriction for 60 days.

3.  Report of Mental Status Evaluation, dated 15 April 2009, which indicates the applicant had the mental capacity to understand and participate in the proceedings against him and that he was mentally responsible.  The applicant was psychiatrically cleared for any administrative action deemed appropriated by his command.
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, a self-authored letter, and pages taken from his Department of Veterans Affairs decision letter. 

POST-SERVICE ACTIVITY: 

None were provided with the 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.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense).

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3.



ANALYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge and a change to his narrative reason for discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, the document 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 her 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 his misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by his Summary Court-Martial for going AWOL for 621 days which resulted in his apprehension.

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.  Furthermore, Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, for misconduct (serious offense).  The regulation further stipulates that no deviation is authorized.  

5.  The applicant contends he was a good Soldier until his return from deployment.  The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the incident of misconduct.  Further, by regulation, a UOTHC discharge is normally appropriate for a member separated by reason of misconduct.  It appears the applicant’s generally good record of service prior to the incident of misconduct was the basis for his receiving a GD instead of the normal UOTHC discharge.

6.  The applicant contends his misconduct was the result of PTSD that was not diagnosed until after he was discharge by the Veterans Administration.  The applicant's contention the Veterans Administration has granted him a service connected disability for PTSD was noted.  However, the medical conditions the applicant suffered while on active duty does not support a conclusion that this condition rendered him unfit for further service at the time of his discharge processing.  The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels.  The record indicates the applicant underwent a mental status evaluation that indicates he had the mental capacity to understand and participate in the proceedings against him and that he was mentally responsible.  The applicant was psychiatrically cleared for any administrative action deemed appropriated by his command.

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.

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:  Records Review      Date:  23 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)		AR20140004596



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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