IN THE CASE OF:  	
      
      BOARD DATE:  	18 May 2015

      CASE NUMBER:  	AR20150002515
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony, 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 characterization from general, under honorable conditions to honorable and a change to the reentry eligibility (RE) code.

2.  The applicant states, in effect, he needs an upgrade of his discharge and a change to the reentry eligibility (RE) code to continue his career in the Army.  He wants to clear his name of any prejudice if he pursues a civilian career in the future.  He was subjected to excessive extra duty, restriction and prejudice.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		12 February 2015
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			8 December 2014
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, Chapter 						14, paragraph 14-12c, JKQ, RE-3
e. Unit of assignment:			J Co, 262nd Quartermaster Battalion, 23rd 							Quartermaster Battalion, Fort Lee, VA
f. Current Enlistment Date/Term:	21 April 2014, 3 years and 23 weeks
g. Current Enlistment Service:	7 months, 18 days
h. Total Service:			7 months, 18 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-1
l. Military Occupational Specialty:	None
m. GT Score:				125
n. Education:				GED Certificate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 21 April 2014, for a period of 3 years and          23 weeks.  He was 18 years old at the time of entry with a GED Certificate.  His record does not show any acts of valor or significant achievements.  He was in advanced individual training (AIT) at Fort Lee, Virginia, when his discharge was initiated.
SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates on 25 November 2014, 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-commission of a serious offense.  Specifically for the following offenses:

     a.  committing abusive sexual contact upon PVT R.C. by jabbing him in the anus area through his clothing with a broom stick (140820), and

     b.  using provoking and reproachful words towards a Soldier x 2 (140820 and 1408211).

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 2 December 2014, the applicant was afforded the opportunity to consult with legal counsel and waived the opportunity to do so, was advised of the impact of the discharge action, and submitted 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 8 December 2014, 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 a RE code of 3. 

6.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  FG Article 15 dated 30 October 2014, for committing abusive sexual contact upon PVT R.C. through his clothing; unlawfully jabbing PVT R.C in the anus area with a broom stick (140820); and using provoking and reproachful words towards a Soldier x 2 (140820 and 1408211); the punishment consisted of a forfeiture of $765 pay for two months, extra duty and restriction for 45 days and an oral reprimand.

2.  He received several negative counseling statements and an initial counseling dated between 5 July 2014 and 20 November 2014, for being flagged, disobeying an order or regulation, rehabilitation counseling, and notification of separation action.

3.  CID Report of Investigation dated 9 October 2014, indicating the applicant was under investigation for abusive sexual contact.

4.  DA Form 3822-R (Report of Mental Status Evaluation), dated 8 October 2014, indicating the applicant had no psychiatric impairments and was cleared to participate in the Chapter 14 administrative separation process.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, DA Form 2627 (Record of proceedings Under Article 15, UCMJ), DA Form 4856 (Developmental Counseling Form), request for financial status memorandum, and two DD Forms 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 and a change to the RE code 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 misconduct (serious offense), 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, several negative counseling statements and a CID Report.

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 and a change to the RE code to continue his career in the Army.  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 is no basis 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. 

5.  The applicant further contends he wants to clear his name of any prejudice if he pursues a civilian career in the future.  The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

6.  The applicant also contends he was subjected to excessive extra duty, restriction and prejudice.  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.

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

8.  Therefore, the reason for discharge and the characterization of service to include the RE code being both proper and equitable, the analyst recommends the Board deny relief.
SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Personal Appearance       Date:  18 May 2015      Location:  Washington, DC

Did the Applicant Testify:  Yes

Counsel:  None

Witnesses/Observers:  None

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional documents:

     	Memorandum, dated 10 September 2014 (1 page)

2.  The applicant presented no additional contentions.

In addition to the evidence in the record, the Board carefully considered the additional documents, and testimony, presented by the applicant at the personal appearance hearing.

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)		AR20150002515



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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