IN THE CASE OF:	

      BOARD DATE:  	8 June 2015

      CASE NUMBER:  	AR20150000689
___________________________________________________________________________

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 to upgrade the characterization of his service from general, under honorable conditions to fully honorable, and to change the narrative reason for his discharge.  

2.  The applicant states, in effect, he was always a physically and mentally fit Soldier but it faded over the years.  He also progressed through the ranks and showed extreme promise as a future senior leader.  He has been treated for a number of medical issues such as Post-Traumatic Stress Disorder (PTSD), anxiety disorder, insomnia, adjustment disorder, anger management, depression, suicidal thoughts, and a number of additional physical ailments that led VA to categorize him as 80 percent disabled.  His deteriorating mental health issues leading to two treatments at ASAP clearly indicate his trials and tribulations—he was not fit for duty.  His discharge was a ploy by his unit commander and was forced out of the military.  He made numerous IG complaints on leaders within his chain of command.  Despite all, he still showed up to work, did whatever was tasked of him, and attended his treatment counseling sessions.  His chain of command completely ignored the sacrifices he made to this country.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	5 January 2015
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	24 November 2013
	d.	Reason/Authority/SPD/RE Code:	Misconduct (Serious Offense), AR 635-200 
			Paragraph 14-12c, JKQ, RE-3
	e.	Unit of assignment:	HHC, 2nd Bn, 35th Infantry Regiment, 3rd BCT 
			25th Infantry Division, Schofield Barracks, Hawaii
	f.	Current Enlistment Date/Term:	25 May 2011, 6 years
	g.	Current Enlistment Service:	2 years, 6 months, 0 days
	h.	Total Service:	10 years, 5 months, 12 days
	i.	Time Lost:	None
	j.	Previous Discharges:	RA (030613-060425) / HD
			RA (060426-100125) / HD
			RA (100125-110524) / HD 
	k.	Highest Grade Achieved:	E-6
	l.	Military Occupational Specialty:	29E30, Electronic Warfare Specialist 
	m.	GT Score:	111
	n.	Education:	HS Graduate
	o.	Overseas Service:	SWA, Hawaii, Korea
	p.	Combat Service:	Afghanistan (110401-120402)
	q.	Decorations/Awards:	ARCOM; AAM-2; AGCM-2; NDSM; ACM-2CS-2 
			GWOTSM; KDSM; NPDR-2; ASR; OSR-3; NATO 
			MDL; CAB
	r.	Administrative Separation Board: 	No, conditionally waived
	s.	Performance Ratings:	Yes
	t.	Counseling Statements:	NIF
	u.	Prior Board Review:	No  

SUMMARY OF SERVICE:

The record shows the applicant enlisted in the Regular Army on 13 June 2003, and reenlisted three times thereafter.  The latter reenlistment was on 25 May 2011, for a period of 6 years.  He was 18 years old at the time of entry and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 29E30, Electronic Warfare Specialist.  He served in Afghanistan, Hawaii, and Korea.  He earned an ARCOM, two AAMs and a CAB.  He completed 10 years, 5 months, and 12 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which indicates the applicant refused to sign, and the GCMCA’s decision memorandum.  

2.  On 6 August 2013, the separation authority approved the conditional waiver request, waived further rehabilitation, and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

3.  The DD Form 214 indicates that on 24 November 2013, the applicant was discharged under the provisions of Chapter 14, AR 635-200, for misconduct (serious offense), with a characterization of service of general, under honorable conditions.  The DD Form 214 also shows a Separation Program Designator (SPD) code of JKQ and a reentry (RE) code of 3.  

4.  The applicant’s available record does not show any recorded actions under the UCMJ, unauthorized absences or time lost.  

5.  On 19 August 2013, HQDA, Directorate of Human Resources, USAG-Hawaii, Schofield Barracks, HI, Orders Number 231-0013, discharged the applicant from the Army, effective 24 November 2013.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There are no negative counseling statements available.

2.  Two NCOERs rendered during the period of current review, as follows:

	a.	An “Annual” report covering the period of 2 December 2011 to 1 December 2012, indicates the applicant was rated as “Fully Capable” and received 3/3 from the senior rater.
	b.	An “Annual” report covering the period of 2 December 2010 to 1 December 2011, indicates the applicant was rated as “Fully Capable” and received 3/3 from the senior rater.



EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 214 for service under current review; VA decision letter, dated 18 March 2014; and VA Rating Decision, dated 13 March 2014; 

POST-SERVICE ACTIVITY: 

The applicant provided none.

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, paragraph 14-12c, misconduct (serious offense).

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



DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge and to change the narrative reason was carefully considered.  

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

	a.	Length and quality of service:  The applicant served over 10 years and 5 months, and the preponderance of his service was honorable.

	b.	The record confirms the applicant received several awards, specifically an ARCOM and two AAMs.  The ARCOM award was for a tour in combat.

	c.	Documentary evidence of a PTSD diagnosis by VA confirms the applicant had ongoing medical issues while on active duty, and was awarded a service-connected disability for PTSD. 

3.  This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as any record of misconduct.  The PTSD 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 the narrative reason for the discharge should be changed.  However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," and the separation code is "JKQ."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  

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



SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  8 June 2015      Location:  Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

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:		No Change
Change RE Code to:			No Change
Grade Restoration to:			NA
Other:						NA





















Legend:
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	IADT – Initial Active Duty Training	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           
FG - Field Grade	MP – Military Police	RE - Reentry			           Honorable Conditions              

ADRB Case Report and Directive (cont)		AR20150000689

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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