1.	APPLICANT’S NAME:  

	a.	Application Date:  25 February 2015

	b.	Date Received:  20 April 2015

	c.	Counsel:  None

2.   REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION:  The applicant requests an upgrade of his discharge characterization of service from under other than honorable conditions to general, under honorable conditions.  The applicant states, in effect, he believes his discharge was inequitable due to personal issues with himself and many other Soldiers in his company at the time of discharge which was stated during his discharge hearing.  In a personal appearance review conducted at Arlington, Virginia, on 28 September 2015, and by a 5-0 vote, the Board denied the request finding the separation was both proper and equitable.

	(Board member names available upon request.)

3.	DISCHARGE DETAILS:

	a.	Reason/Authority/Codes/Characterization:  Pattern of Misconduct/AR 635-200, Paragraph 14-12b/JKA/RE-3/Under Other Than Honorable Conditions

	b.	Date of Discharge:  24 October 2002

	c.	Separation Facts:  

		(1)	Date of Notification of Intent to Separate:  19 July 2002

		(2)	Basis for Separation:  The applicant was informed of the following reasons:  

			Demonstrating conduct unbecoming of a Soldier,

			Intentionally missing movement to Germany, 

			Deliberately missing three levy briefings,

			Being disrespectful and disobeying orders from his noncommissioned officers, and 

			Countless negative counseling statements for failure to report to his appointed place of duty.

		(3)	Recommended Characterization:  Under Other than Honorable Conditions

		(4)	Legal Consultation Date:  23 July 2002

		(5)	Administrative Separation Board:  24 September 2002

		(6)	Separation Decision Date/Characterization:  8 October 2002, Under Other Than Honorable Conditions
4.	SERVICE DETAILS:

	a.	Date/Period of Enlistment:  11 August 1998/6 years

	b.	Age at Enlistment/Education/GT Score:  19 years/HS Graduate/124

	c.	Highest Grade Achieved/MOS/Total Service:  E-4/98H10, Morse Interceptor/4 years, 2 months, and 14 days

	d.	Prior Service/Characterizations:  None

	e.	Overseas Service/Combat Service:  Korea/None

	f.	Awards and Decorations:  JSAM, AGCM, NDSM, ASR, OSR

	g.	Performance Ratings:  None

	h.	Disciplinary Action(s)/Evidentiary Record:  

Article 15, imposed on 27 March 2002, for failure to go at the time prescribe to his appointed place of duty x5 (28 February 2002 x3, 7 March 2002, and 12 March 2002) and disobeying a lawful order from a noncommissioned officer 6 March 2002.  The punishment consisted of reduction to E-3, forfeiture of $342.00 pay (suspended), and extra duty and restriction for            14 days, (CG).

Record of Supplementary Action under Article 15, UCMJ, dated 23 April 2002, which vacates the suspension of punishment imposed on 27 March 2002 of forfeiture of $342.00 pay.  Vacation was based on failure to go at the time prescribed to his appointed place of dutyx2 on   28 March 2002, and 29 March 2002.

Article 15, imposed on 13 June 2002, for through design missed movement on 19 May 2002, failed to go at the time prescribed to his appointed place of duty x3 (15 May 2002 and x2 17 May 2002), and disobeying a lawful order from a noncommissioned officer on 17 May 2002.  The punishment consisted of reduction to E-2 and extra duty and restriction for 30 days, (FG).

Several negative counseling statements dated between 18 March 2001 and 20 May 2002, for leaving his appointed place of duty, insubordination, not being in the proper uniform, monthly performance counseling, absent without leave, failure to obey orders or regulations, promotion counseling, several occasions for not being at his appointed place of duty, several occasions of failure to report for duty, Soldiers responsibilities for reassignment, disrespecting and disobeying a noncommissioned officer, and missing movement.

	i.	Lost Time:  None

	j.	Diagnosed PTSD/TBI/Behavioral Health:  None

5.	APPLICANT-PROVIDED EVIDENCE:  A DD Form 293



6.	POST SERVICE ACCOMPLISHMENTS:  None

7.	REGULATORY CITATION(S):  Chapter 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions; a pattern of misconduct; commission of serious offense; conviction by civilian authorities; desertion; or absence without leave.  Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation.

Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army.

8.	DISCUSSION OF ISSUE(S):  The applicant seeks relief contending his discharge was inequitable due to personal issues with himself and members of his unit.  

The applicant requests an upgrade of the characterization of his discharge to general, under honorable conditions.  The applicant's record of service, the issues and documents submitted with his application were carefully reviewed.

The record confirms 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.  The applicant marred the quality of his service by receiving two Articles 15 for multiple violations of the Uniform Code of Military Justice and several negative counseling statements.

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.  

The applicant contends his discharge was inequitable due to personal issues with himself and Soldier in his company.  There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his discharge was inequitable.  Further, the applicant ad many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review.  

Therefore, in view of the foregoing, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and the applicant was provided full administrative due process.  



9.	BOARD ACTION DIRECTED:

	a.	Issue a new DD-214:  		No
	
	b.	Change Characterization to:  	No Change

	c.	Change Reason to:  			No Change

	d.	SPD/RE Code Change to:  		No Change

	e.	Restoration to Grade:  		N/A


Authenticating Official:




COL, US ARMY
Presiding Officer 
Army Discharge Review Board
























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

ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE

AR20150006880


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