IN THE CASE OF: Mr. BOARD DATE: 12 November 2014 CASE NUMBER: AR20140000526 ___________________________________________________________________________ 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 his discharge was based on a couple of negative counseling statements that were given within a six-month time frame. He cannot dispute all of the statements, but he feels as though it was a done to have him discharged. He never had an Article 15 nor was he given a chance to be rehabilitated (second chance). He believes that if he would have been given another opportunity, he would have completed his enlistment and would still be serving. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 23 December 2013 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 30 March 2004 d. Reason/Authority/SPD/RE: Misconduct, AR 635-200, Chapter 14-12b, JKA, RE-3 e. Unit of assignment: Headquarters Battery, 1st Battalion, 3d Air Defense, Artillery, DIV ARTY, 3d Infantry Division (Mechanized), Fort Stewart, GA f. Current Enlistment Date/Term: 17 September 2001, 4 years g. Current Enlistment Service: 2 years, 6 months, 13 days h. Total Service: 5 years, 6 months, 16 days i. Time Lost: None j. Previous Discharges: RA (980915-010916), HD (Concurrent Service) k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 42A1P, Senior Resource Personnel m. GT Score: 115 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: AAM, NDSM, GWOTSM, ASR, PUC r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant's record shows he enlisted in the Regular Army on 15 September 1998 for a period of 4 years. He was 25 years old at the time and a high school graduate. He reenlisted on 17 September 2001, for a period of 4 years. The applicant’s record shows he was awarded an AAM. When his discharge proceedings were initiated, he was serving at Fort Stewart, GA. SEPARATION FACTS AND CIRCUMSTANCES 1. On 17 February 2004, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of pattern of misconduct; specifically for: a. receiving numerous counseling statements for failing to report, b. disobeying an order, c. exceeding military installation speed limits, d. bouncing a check, and e. and making a false statement. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and informed the applicant of his rights. 3. On 18 February 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement on his 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 of an honorable discharge. 4. On 19 March 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 30 March 2004, under the provisions of Army Regulation 635-200, Chapter 14-12b for misconduct, 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 show any time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD 1. The applicant's disciplinary record does not show any nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ). 2. There are seven negative counseling statements covering the period 9 May 2003 through 30 October 2003, for failing to follow instructions, lying to a commissioned officer, failing to follow a direct order from a noncommissioned officer, failing to fulfill his financial obligations/bouncing a check, speeding on a military installation (70 mph in a 55 mph zone), failing to report, and failing to use his chain of command, and chapter notification. EVIDENCE SUBMITTED BY THE APPLICANT A DD Form 293 and DD Form 214. POST-SERVICE ACTIVITY: None 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 his military records and the issues submitted with the application, there are insufficient 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 repeated incidents of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant’s service was marred by several negative counseling statements. 3. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance. 4. The applicant contends that that his discharge was based on a couple of negative counseling statements that were given within a six-month time frame. He cannot dispute all of the statements but he feels as though it was a done to have him discharged. He never had an Article 15. The applicant’s contentions are noted; however, although he received a few counseling statements for his misconduct, the discrediting entries constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single or few incidents provide the basis for a characterization. 5. The applicant contends he was not afforded the opportunity for a rehabilitation transfer (second chance); however, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements states, the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. After reviewing the applicant’s discharge packet, the separation authority properly waived the rehabilitative requirements. Moreover, the evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling statements. The applicant failed to respond appropriately to these efforts. 6. 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. 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: 12 November 2014 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 1 No Change: 4 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: NA Change RE Code to: NA 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) AR20140000526 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1