IN THE CASE OF: Mr. BOARD DATE: 3 April 2013 CASE NUMBER: AR20120016083 ___________________________________________________________________________ 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 characterization from general, under honorable conditions to fully honorable. 2. The applicant states, in effect, that he desires an upgrade so that he may be able to use his G.I. Bill and possibly reenlist. He adds that he has no justification for his actions that led to his discharge, which he deeply regrets. He now sees the mistakes he made a long time ago when he was young and ignorant. He now has two little boys who depend on him. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 29 August 2012 b. Discharge Received: GD c. Date of Discharge: 28 April 2004 d. Reason/Authority/SPD/RE Code: Misconduct / 14-12b / JKA / RE-3 e. Unit of assignment: Svc Btry, 1st Bn, 41st FA, 1st Bde, 3ID(M), Fort Stewart, GA f. Current Enlistment Date/Term: 8 April 2002 / 3 years g. Current Enlistment Service: 2 years, 21 days h. Total Service: 2 years, 21 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 13B (Cannon Crewmember) m. GT Score: 98 n. Education: GED o. Overseas Service: SWA p. Combat Service: Iraq (19 January 2003-22 July 2003) q. Decorations/Awards: ARCOM, NDSM; AFEM; GWOTEM; GWOTSM; ASR; PUC r. Administrative Separation Board: None s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: None SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 8 April 2002 for a period of 3 years. He was 17 years old at the time of entry and completed his education through GED. The record shows he served in Iraq and earned an ARCOM. At the time his discharge proceedings were initiated, he was serving at Fort Stewart, Georgia. He completed 2 years and 21 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 31 March 2004, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14, paragraph 14-12b, specifically for: a. breaking restriction; b. displaying a pattern of disobeying lawful orders and insubordinate conduct towards noncommissioned officers. 2. Based on the above pattern of misconduct, the commander recommended a general, under honorable conditions discharge. 3. On 1 April 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement in 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 14 April 2004, 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 separated on 28 April 2004, under Army Regulation 635-200, Chapter 14-12b, with a general, under honorable conditions discharge, an SPD code of JKA, and an RE code of 3. 6. The applicant’s record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Article 15, dated 10 December 2003, breaking restriction (9 November 2003). The punishment consisted of reduction to the grade of E-1, forfeiture of $301 per month for one month, 14 days of extra duty and restriction, (CG) 2. Article 15, dated 28 October 2003, for failing to go to his appointed place of duty at the prescribed time x 2 (21 October 2003, 1 October 2003). The punishment consisted of reduction to the grade of E-2, forfeiture of $301 per month for one month, 14 days of extra duty and restriction, (CG) 3. Article 15, dated 12 March 2003, for being disrespectful in deportment towards an NCO (7 March 2003). The punishment consisted of 14 days of extra duty, (Summarized) 4. Seven negative counseling statements dated between 13 February 2003 and 19 February 2004, for insubordination, disobeying orders and general regulations, missing formations, discharging firearms through negligence, failing to prepare for inspection, and threatening and disobeying an NCO. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided DD Form 293, dated 3 July 2012 and DD Form 214 for service under current review. POST-SERVICE ACTIVITY: None provided 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 document, and the issues 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 his service below that meriting a fully honorable discharge. The applicant’s record of service was marred by receiving numerous negative counseling statements and three Article 15 punishments for multiple offenses in violations of the Uniform Code of Military Justice. 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 is unable to go back to school without the assistance of the G.I. Bill and wishes to reenlist. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on AR 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which 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. Furthermore, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 5. In addition, the applicant contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 6. The record contains no evidence of arbitrary or capricious actions by the applicant’s command, all requirements of law and regulation were met, and his rights were fully protected throughout the separation process. The records further reflect that 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, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 3 April 2013 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA 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: N/A Change Reason to: N/A Change Authority for Separation: N/A Change RE Code to: N/A Grade Restoration to: N/A Other: None 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) AR20120016083 Page 5 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1