IN THE CASE OF: Mr. BOARD DATE: 11 February 2015 CASE NUMBER: AR20140004244 ___________________________________________________________________________ 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 general, under honorable conditions discharge to honorable, a change to the narrative reason and reentry code. 2. The applicant states, in effect, his discharge was wrong. His chain of command said he disobeyed an order; however, the order was to not have contact with another person in his platoon. He states he accepted a ride with this person on the order of his squad leader to a CID appointment for an adultery investigation, concerning his wife and three Soldiers from his platoon. He states, he was given a FG Article 15 and discharged from the Army. He served five years and was an exceptional Soldier and would like to finish that goal. He contends he received no assistance from his chain of command which caused him to undergo some psychological trauma. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 7 March 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 14 June 2010 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense) AR 635-200, Chapter 14-12c, JKQ, RE-3 e. Unit of assignment: HHC, 162d Infantry Brigade, Fort Polk, LA f. Current Enlistment Date/Term: 15 October 2007/NIF g. Current Enlistment Service: 2 years, 8 months h. Total Service: 5 years, 1 month, 3 days i. Time Lost: None j. Previous Discharges: DEP, 050512-050614, NA RA, 050615-071014, HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: 104 n. Education: HS Graduate o. Overseas Service: Germany, SWA p. Combat Service: Iraq (060902-071121 q. Decorations/Awards: ARCOM, AAM, ASUA, AGCM, NDSM, GWOTSM, ICM-CS, ASR, OSR-2, CIB r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 15 June 2005, for a period of 4 years and 16 weeks. He was 28 years old at the time of entry and a high school graduate. He reenlisted on 15 October 2007, for an undetermined amount of time. He served in Germany and Iraq and earned an ARCOM and AAM. He completed 5 years, 1 month, 3 days of active duty service. When his discharge proceedings were initiated, he was serving in Fort Polk, LA. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 17 May 2010, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c, misconduct, serious offense. Specifically for receiving two Article 15s, dated 6 may 2010 and 6 April 2010, for failing to report and disobeying a superior commissioned officer and NCO. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 18 May 2010, 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 3 June 2010, the separation authority waived further rehabilitation efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was separated on 14 June 2010, under the provisions of Army Regulation 635-200, Chapter 14-12c, with a general, under honorable conditions discharge, an SPD code of JKQ, 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 6 May 2010, for failing to go at the time prescribed to his appointed place of duty, to wit: extra duty and 0600 accountability formation. The punishment consisted of a reduction to the grade of E-1, forfeiture of $723 pay per month for two months, 45 days of extra duty and restriction, and an oral reprimand (FG). As a note, the continuation page was not filed with the document. 2. Article 15, 6 April 2010, for failing to go at the time prescribed to his appointed place of duty, to wit: 0530 accountability formation. The punishment consisted of a reduction to the grade of E-3 (suspended), forfeiture of $448 pay, 14 days of extra duty and restriction, and a oral reprimand (CG). 3. Several negative counseling statements, dated between 14 April 2010 and 17 March 2010, for violating restriction and failing to report on several occasions. 4. MEDCOM Form 699-R (Mental Status Evaluation), dated 27 April 2010, reflects the applicant had a clear and normal thought process, was mentally responsible, and could distinguish between right and wrong. He was cleared for any administrative actions deemed appropriate by the command. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 28 February 2014 and a DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any in support of 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. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious). 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge, a change to the narrative reason and reentry code was carefully considered. However, after examining the applicant’s record of service, his military records, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or change the narrative reason and reentry code. 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. The applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant’s record of service was marred by two Article 15s 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 a change in the reason for the discharge and his reentry code would allow for his reenlistment. However, Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, for misconduct (serious offense). The regulation further stipulates that no deviation is authorized. 5. Further, the SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. There is 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. 6. The applicant contends he suffered psychological trauma due his chain of command not assisting him regarding the adultery investigation involving his wife and three Soldiers from his platoon. However, the evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. Further, the applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 7. The records show the proper discharge and separation authority procedures were followed in this case. 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: 11 February 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 2 No Change: 3 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) AR20140004244 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1