IN THE CASE OF:  	

      BOARD DATE:  	8 June 2015

      CASE NUMBER:  	AR20150003313
___________________________________________________________________________

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.

2.  The applicant states, in effect, he provided evidence to show improvement in his social and personal life.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		27 February 2015
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			27 September 2011
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, Chapter 						14, paragraph 14-12c, JKQ, RE-3
e. Unit of assignment:			B Battery, 1-7th Field Artillery Regiment, 2/1 Advise 						and Assist Brigade, 25th Infantry Division and US 						Division-Center, Joint Security Station Loyalty, Iraq 						APO AE 09344
f. Current Enlistment Date/Term:	3 June 2010, 3 years and 2 weeks
g. Current Enlistment Service:	1 year, 3 months, 25 days
h. Total Service:			4 years, 1 month, 27 days
i. Time Lost:				None
j. Previous Discharges:		ARNG (070801-070819)/NA									IADT (070820-080110)UNC									ARNG (080111-090511)/GD									USARCG (090512-100602)/NA
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	92Y10, Unit Supply Specialist
m. GT Score:				92
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (101113-110913)
q. Decorations/Awards:		NDSM, ICM-W/CS, GWOTSM, ASR, OSR, CAB
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		Yes
u. Prior Board Review:			Yes
SUMMARY OF SERVICE:

The applicant enlisted in the Army National Guard on 1 August 2007, for a period of 8 years.  He was 21 years old at the time of entry and a HS Graduate.  He was ordered to IADT on          20 August 2007; he trained in and was awarded military occupational specialty (MOS) 92Y10, Unit Supply Specialist; and he was released from IADT on 10 January 2008, with an uncharacterized discharge and returned to his unit.  He was discharged from the National Guard on 11 May 2009 with a general, under honorable conditions discharge.  The applicant enlisted in the Regularly Army on 3 June 2010, for a period of 3 years and 2 weeks.  He was 24 years old at the time.  He retained his original MOS.  His record also shows he served a combat tour, earned a CAB; and he achieved the rank of PFC/E-3.  He was serving in Iraq when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates on 20 August 2011, 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.  failing to report on several occasions between (110103 and 110527),

     b.  willfully disobeying a noncommissioned officer on several occasions between (110525 and 110527),

     c.  disrespecting several noncommissioned officers (110527),

     d.  disbeying a lawful order on several occasions between (110102 and 110105),

     e.  being derelict in his duty to escort the local national day workers (110523), and 

     f.  making a false official statement to an NCO (110523).

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 August 2011, the applicant consulted with legal counsel, 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 26 August 2011, 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 27 September 2011, 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.  A FG Article 15, dated 12 July 2011, for with intent to deceive by making a false official statement to an NCO (110523); derelict of duty by willfully failing to escort local national workers (110523); disobeyed an NCO x 4 (110521, 110525, 110526, and 110527); being disrespectful in deportment toward an NCO x 3 (all three on 110527); being disrespectful in language toward an NCO (110527); and failing to go to his appointed place of duty at the prescribed time x 2 (110521, 110527), the punishment consisted of a reduction to E-2; forfeiture of $872 pay and extra duty for 45 days.

2.  A CG Article 15, dated 18 January 2011, from willfully disobeying an order fro SGT K. x 2 (110105, 110102); failing to go to his appointed place of duty at the time prescribed (110103); and without authority, leaving his appointed place of duty (110103), the punishment consisted of a reduction to E-2; forfeiture of $383 pay for two months, extra duty for 14 days and an oral reprimand.

3.  He received several negative counseling statements dated between 2 January 2011            and 28 May 2011, for insubordination, disrespecting a NCO, disrespecting an officer, disobeying a lawful order from a NCO, dereliction of duty, disobeying a direct order, failing to report, and lying to a NCO.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, and a VA claims decision (five pages).

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 issue 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 two Article 15s and several negative counseling statements.

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 provided evidence to show improvement in his social and personal life.  The applicant is to be commended for his effort.  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.

5.  Furthermore, the applicant’s PTSD diagnosis from the Veterans Administration (VA) is noted granting him a 70 percent disability rating.  However, in review of the applicant's entire service record, the analyst found this medical condition did not overcome the reason for discharge and characterization of service granted.
6.  Lastly, the fact the VA granted the applicant service connection disability for a medical condition the applicant suffered while on active duty does not support a conclusion this condition rendered the applicant 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.

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 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:  8 June 2015      Location:  Washington, DC

Did the Applicant Testify:  Yes

Counsel:  Yes

Witnesses/Observers:  None

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

The applicant submitted the following no additional documents or contentions.

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)		AR20150003313



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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