IN THE CASE OF:  	Mr. 
      
      BOARD DATE:  	1 July 2014

      CASE NUMBER:  	AR20140008343
___________________________________________________________________________

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.

2.  The applicant states, in effect, he was having a lot of emotional problems, could not adjust and he began to self medicate.  He was told by his company commander he was not entitled to any benefits and he recently discovered that was not true; and he was wronged on a company level.  He has been completely clean and sober for over a year.  He is being treated for Traumatic Brain Injury (TBI) and Post Traumatic Stress Disorder (PTSD).

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		5 May 2014
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			22 March 2012
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, Chapter
					14, paragraph 14-12c, JKQ, RE-3
e. Unit of assignment:			B Co, 3-187th Infantry Regiment, 3rd Brigade Combat 					Team, Fort Campbell, KY
f. Current Enlistment Date/Term:	8 January 2009, 4 years and 19 weeks
g. Current Enlistment Service:	3 years, 1 month, 23 days
h. Total Service:			3 years, 1 month, 23 days
i. Lost time:				22 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	11B10, Infantryman
m. GT Score:				102
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Afghanistan (100212-110215)
q. Decorations/Awards:		ARCOM, NDSM, ACM-W/CS, GWOTSM, ASR, OSR	 					NATO MDL
r. Administrative Separation Board:	No
s. Performance Ratings:		No
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant's record shows he enlisted in the Regular Army on 8 January 2009 for a period of 4 years and 19 weeks.  He was 19 years old at the time of entry and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman.  His record shows that he served a combat tour, he earned an ARCOM; and he achieved the rank of PFC/E-3.  He was serving at Fort Campbell, KY when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates on 16 February 2012 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 misconduct (serious offense).  Specifically for the following offenses:  

     a.  wrongfully stealing another Soldier’s credit card and using it to steal goods and services of a value less than $500 (111030), and

     b.  driving under the influence of alcohol (110501).

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 22 February 2012, the applicant was afforded the opportunity to consult with legal counsel and waived his right to do so, was advised of the impact of the discharge action, and did not submit a statement on his 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.  On 24 February 2012, 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 22 March 2012, 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 22 days of time lost for being AWOL from 
1 March 2012 until 22 March 2012; mode of his return is unknown.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  An Article 15, dated 26 January 2012, for stealing another Soldier’s credit card and using it to steal goods and services of a value less than $500, the property of AAFES (111030-111031); and stealing goods of a value of less than $500, the property of Kentucky Fried Chicken (111030-111031); the punishment consisted of reduction to E-1, forfeiture of $733 pay x 2 months, extra duty for 45 days, and restriction for 45 days, (FG).

2.  The applicant received three negative counseling statements, dated 25 January 2011, 1 November 2011 and 27 January 2012, for being in debt to the government, a pattern of misconduct, and larceny of private property.

3.  Two Military Police Reports, dated 1 November 2011 and 1 May 2011 indicated the applicant was under investigation for larceny of private property and driving under the influence of alcohol.

4.  Three DA Forms 2823 (Sworn Statement), both dated between 31 October 2011 and          1 November 2011, which gave accounts of the applicant stealing a credit card.

5.  A US District Court document, dated 3 August 20011 indicated the applicant was charged with driving under the influence (1st offense) and leaving the scene.

6.  A DA Form 3822 (Report of Mental Status Evaluation), dated 25 January 2012, indicated the applicant had a positive screen for PTSD and a negative screen for mild TBI.  The applicant was actively seeking help and was given a follow up appointment with CPT T, 3rd Brigade Combat Team (BCT) Behavioral Health Provider.  The applicant was psychiatrically cleared for any administrative proceedings deemed appropriate by command.

7.  The record of evidence contains a DA Forms 4187 (Personnel Action), dated 1 March 2012 indicated the present for duty and AWOL dates.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293.

POST-SERVICE ACTIVITY:

The applicant did not provide any information with 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 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 misconduct (serious offense), the applicant diminished the quality his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by an Article 15, three negative counseling statements, two military police reports, three sworn statements, a US District Court document, and a DA Form 4187.

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance.  

4.  The applicant contends he was having a lot of emotional problems, could not adjust and he began to self-medicate.  The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.

5.  The applicant further contends he was told by his company commander he was not entitled to any benefits, he recently discovered that this was untrue; and he was wronged on a company level.  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.

6.  The applicant additionally contends he has been completely clean and sober for over a year.  The applicant is to be commended for his effort.  However; this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued.


7.  Furthermore, the applicant stated he was being treated for TBI and PTSD.  On 25 January 2012, the applicant underwent a mental status evaluation which indicated he had a negative screen for TBI and a positive screen for PTSD.  He was given a follow up appointment with the brigade behavioral health provider.  The applicant was psychiatrically cleared for any administrative proceedings deemed appropriate by command.  However, the applicant did not submit any evidence to support that the discharge was the result of any medical condition.

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

9.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends 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)		AR20140008343



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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