IN THE CASE OF:  	

      BOARD DATE:  	27 April 2015

      CASE NUMBER:  	AR20150002106
___________________________________________________________________________

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 needs an upgrade of his discharge for job opportunities. He completed a four month Army Substance Abuse Program (ASAP) program and has been sober ever since.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		4 February 2015
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			11 December 2014
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14						Paragraph 14-12b, JKA, RE-3
e. Unit of assignment:			HQ & A Co, Ordnance Training Detachment-Gordon 						Fort Gordon, GA
f. Current Enlistment Date/Term:	24 March 2014, 4 years
g. Current Enlistment Service:	8 months, 18 days
h. Total Service:			8 months, 18 days
i. Time Lost:				12 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-1
l. Military Occupational Specialty:	None
m. GT Score:				106
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		None
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 24 March 2014, for a period of 4 years.  He was 18 years old at the time of entry and a high school graduate.  His record does not show any acts of valor or significant achievements.  He was serving at Fort Gordon, Georgia, when his discharge was initiated.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates on 12 November 2014, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of a pattern of misconduct; specifically, for the following offenses:

     a.  wrongfully drinking underage, and

     b.  being AWOL (140911).

2.  Based on the above misconduct, the unit commander recommended an honorable discharge and advised the applicant of his rights.

3.  On 18 November 2014, the applicant was afforded the opportunity to consulted with legal counsel and waived the opportunity to do so, was advised of the impact of the discharge action, 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 with a general, under honorable conditions discharge.  

4.  On 4 December 2014, 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 11 December 2014, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, with a Separation Program Designator code (SPD) of JKA and a RE code of 3. 

6.  The applicant’s record of service indicates 12 days of time lost for being AWOL from         
11 September 2014 until 22 September 2014, mode of return is unknown.  Also, this period of lost time is not annotated on the DD Form 214; block 29 dates of time lost during this period.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A FG Article 15 dated, 22 August 20014, for disobeying a lawful order from COL E x2, by wrongfully consuming an alcoholic beverage underage (1140731); and wrongfully possessing alcohol in the barracks (140610); the punishment consisted of a forfeiture of $357 pay, extra duty and restriction for 14 days.

2.  The record contains two DA Forms 4187 (Personnel Action), dated 11 September 2014 and 23 September 2014, showing the applicant’s present for duty and AWOL dates.

3.  He received several negative counseling statements dated between 1 August 2014 and          29 September 2014, for insubordinate conduct, disobeying an order or regulation, drinking underage, AWOL, and notification of separation action.
4.  DA Form 3822-R (Report of Mental Status Evaluation), dated 30 September 2014, indicating the applicant could understand and participate in administrative proceedings.

5.  Memorandum, Authorization for Blood Alcohol Testing, dated 31 July 2014, indicating there was probable cause to administer a blood alcohol test.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, and a DD Form 214.

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, the issues and documents 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 pattern of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by an Article 15, two personnel actions, several negative counseling statements, and an authorization for a blood alcohol test.

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.  The applicant contends he needs an upgrade of his discharge for job opportunities.  The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

5.  The applicant further contends he completed a four month ASAP program and has been sober ever since.  The applicant is to be commended for his effort.  However, this contention 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.

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

7.  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:  27 April 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:
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)		AR20150002106



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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