IN THE CASE OF: Mr. BOARD DATE: 3 June 2013 CASE NUMBER: AR20130000232 ___________________________________________________________________________ Board Determination and Directed Action 1. 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 to be both proper and equitable and voted to deny relief. 2. However, notwithstanding the propriety of the applicant’s discharge, the Board found that the applicant’s DD Form 214, block 27 contains the erroneous reentry code of 4. 3. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. 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. 2.  The applicant states, in effect, that he would like to receive GI Bill benefits and improve his education. He really wants to do something with his life. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 14 December 2012 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 12 January 2011 d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200, 14-12c, JKQ, RE-4 e. Unit of assignment: F Co, 309th MI Battalion, Fort Huachuca, AZ f. Enlistment Date/Term: IADT 3 March 2010, NIF g. Current Enlistment Service: 10 months, 10 days h. Total Service: 1 year, 1 month, 18 days i. Time Lost: None j. Previous Discharges: USAR (091125-110112), NIF (Concurrent service) k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: None m. GT Score: 95 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 US Army Reserve on 25 November 2009 for a period of 8 years. He was 20 years old at the time and a high school graduate. On 3 March 2010, the applicant came into active duty for training. When his discharge proceedings were initiated he was attending Advanced Individual Training at Fort Huachuca, AZ. The record does not show any significant achievements or meritorious awards. SEPARATION FACTS AND CIRCUMSTANCES 1.  The record shows that on 8 December 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), specifically for committing larceny on divers occasions. 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 10 December 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action and indicated he would submit a statement on his own behalf (NIF). On 15 December 2010, the applicant notified his chain of command he would not be submitting a statement. 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 6 January 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 on 12 January 2011, for misconduct (serious offense), under the provisions of AR 635-200, Chapter 14-12c, with an SPD code of JKQ and an RE code of 4. 6. The applicant’s record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD 1. Field Grade Article 15 imposed on 18 October 2010, for stealing money from another Soldier (100731), stealing a debit card from another Soldier (100731), and stealing 3 pair of shoes from another Soldier (100731). His punishment consisted of reduction to the grade of E-1, forfeiture of pay in the amount of $723.00 per month for 2 months, 45 days of extra duty and restriction. 2. One negative counseling dated 23 October 2010, for stealing from another Soldier. EVIDENCE SUBMITTED BY THE APPLICANT None provided with the application. POST-SERVICE ACTIVITY: None were provided 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 service record, the documents and the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The service 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. By his misconduct the applicant diminished the quality his service below that meriting an honorable discharge. 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 an upgrade of his discharge would allow him educational benefits through the use of the GI Bill. However, 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. The applicant’s record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense). AR 635-5-1, (Separation Program Designator Codes) and Cross Reference Table shows that a Soldier processed for misconduct (serious offense) will be assigned an SPD Code of JKQ and an RE Code of 3. 6. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. However, in light of the uncovered error, recommend the Board administratively change block 27, reentry code to 3, as required by Army Regulations. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 3 June 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: Yes Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: RE-3 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 UOTH - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR 20130000232 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1