IN THE CASE OF: Mr. BOARD DATE: 9 January 2015 CASE NUMBER: AR20140001455 ___________________________________________________________________________ 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. 2. The applicant states, in effect, he was told by his unit commander his discharge would be changed to honorable. He has back and knee problems and knows it is from working in the military. He is unable to obtain a good job because of the discharge he received. He desires to receive VA benefits for healthcare and schooling. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 22 January 2013 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 1 April 2010 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, Chapter 14 Paragraph 14-12b, JKA, RE-3 e. Unit of assignment: B Co, 1-41st Infantry Regiment, 3rd Infantry Brigade Combat Team, Fort Bliss, TX f. Current Enlistment Date/Term: 13 March 2009, 3 years ad 16 weeks/moral waiver (090219) g. Current Enlistment Service: 1 year, 19 days h. Total Service: 1 year, 19 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: 90 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, ASR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 13 March 2009, for a period of 3 years and 16 weeks. He was 20 years old at the time of entry and a HS Graduate. He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman. His record does not contain any evidence of acts of valor or meritorious achievements; and he achieved the rank of PV2/E-2. He was serving at Fort Bliss, TX, when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 19 March 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of a pattern of misconduct for the following offenses: a. failing to report on numerous occasions, b. failing to pay debts, and c. wrongfully appropriating his roommate’s electronics. 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 16 March 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on 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 22 March 2010, 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 from the Army on 1 April 2010, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, a Separation Program Designator code (SPD) of JKA and a RE code of 3. 6. The applicant’s service record does not contain any evidence of unauthorized absences, or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. An Article 15, dated 22 February 2010, for wrongfully appropriating a play station 3, of a value less than $500, the property of PV2 S (100103); wrongfully appropriating a television, of a value less than $500, the property of PV2 S (100103); and); wrongfully appropriating a computer printer, of a value less than $500, the property of PV2 S (100103); the punishment consisted of a reduction to E-1, forfeiture of $337 pay for one month, extra duty for 14 days and restriction for 14 days (CG). 2. A DA Form 3822 (Report of Mental Status Evaluation), dated 20 January 2010, indicated the applicant was psychiatrically cleared for any administrative actions deemed necessary by command. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293 (two pages). POST-SERVICE ACTIVITY: The applicant did not provide any information 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. ANALYST’S 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 record, the issues and documents 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 an Article 15. 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 was told by his unit commander his discharge would be changed to honorable. 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 characterization of the applicant’s discharge is commensurate with his overall service record. 5. The applicant further contends he has back and knee problems and knows it is from working in the military. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention he had any medical conditions at the time his discharge was processed. 6. The applicant also contends he is unable to obtain a good job because of the discharge he received. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 7. The applicant desires to receive VA benefits for healthcare and schooling. 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. 8. The records show the proper discharge and separation authority procedures were followed in this case. 9. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 9 January 2015 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: 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) AR20140001455 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1