IN THE CASE OF: Mr. BOARD DATE: 17 April 2013 CASE NUMBER: AR20120022400 ___________________________________________________________________________ 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, a change to the reentry code and to the reason for the discharge. 2. The applicant states, in effect, that he does not think that he should have been discharged for not showing up to drill during AIT. Since his discharge, he has not been able to receive any benefits for his time served, nor has he received his final pay check of $700.00. He has had a hard time going back into civilian life, and he has considered joining the Army again. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 3 December 2012 b. Discharge Received: General Under Honorable Conditions c. Date of Discharge: 19 December 2008 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct/AR 635-200, Chapter 14-12b, JKA, RE-3 e. Unit of assignment: U Company, 262 QM BN, Ft. Lee, VA f. Current Enlistment Date/Term: 27 April 2008, Years, 3 years and 19 weeks g. Current Enlistment Service: 6 Months, 28 Days h. Total Service: 6 Months, 28 Days i. Time Lost: 26 days. j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: None m. GT Score: 91 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM 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 27 April 2008 for a period of 3 years and 19 weeks. He was 25 years old at the time of entry and a high school graduate. He completed 7 months, and 23 days of active duty service. His record does not show any significant achievements or acts of valor. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 16 December 2008, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, paragraph 14-12b, by reason of pattern of misconduct; specifically for: a. Numerous AWOLs b. A lack of self discipline 2. Based on the above pattern of misconduct, the commander recommended a general, under honorable conditions discharge and informed the applicant of his rights. 3. On 16 December 2008, 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 17 December 2008, 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 19 December 2008, under Army Regulation 635-200, Chapter 14-12b (Pattern of Misconduct), with a general, under honorable conditions discharge, an SPD code of JKA and an RE code of 3. 6. The applicant's record shows he was absent without leave (AWOL) during the following periods: a. 30 August 2008 to 1 September 2008, two days, he surrendered and returned to military control. b. 19 September 2008 to 28 September 2008, 10 days, he surrendered and returned to military control. c. 17 October 2008 to 20 October 2008, four days, he surrendered and returned to military control. d. 10 November 2008 to 19 November 2008, 10 days, he surrendered and returned to military control. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. The applicant's disciplinary record as described by the unit commander includes a field grade Article 15 for three specifications of AWOL (080830-080901, 080919-080928, 081110-081128) and two specifications of failing to report to his designated place of duty (080905 and 080828). His punishment consisted of a reduction to the grade of E-1, forfeiture of $673.00 pay for two months, extra duty for 45 days (suspended until 1 June 2009), and restriction for 45 days. 2. Three negative counseling statements between 5 September 2008 and 19 November 2008, for failures to report, not showing up for training, and failure to obey an order or regulation. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 28 November 2012, and a DD Form 214. POST-SERVICE ACTIVITY: None were submitted with the 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 documents 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 an honorable discharge. The applicant’s record of service was marred by an Article 15 for multiple violations of the Uniform Code of Military Justice 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 that he does not think that he should have been discharged for not showing up to drill during AIT and that since his discharge, he has not been able to receive any benefits for his time served. However, 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. 5. The applicant’s contention about not receiving his final pay check is not within the purview of this Board. He must submit a request to the Army Board for Corrections of Military Records (ABCMR) using DD Form 149. 6. The applicant also contends he is having difficulty adjusting to civilian life desires to rejoin the Army. 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. 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. 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, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 17 April 2013 Location: Washington, DC Did the Applicant Testify? No 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: No Change Change Reason to: No Change Change Authority for Separation: N/A Change RE Code to: N/A Grade Restoration to: N/A Other: 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) AR20120022400 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1