IN THE CASE OF: BOARD DATE: 22 September 2014 CASE NUMBER: AR20140004643 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony, 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 did not submit any issues of equity or propriety for the board’s consideration. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 10 March 2014 b. Discharge received: General, Under Honorable Conditions c. Date of Discharge: 7 May 2010 d. Reason/Authority/SPD/RE: Unsatisfactory Performance, Chapter 13, AR 635- 200, JHJ, RE-3 e. Unit of assignment: 300 Military Police Company, 97th Military Police Battalion, Fort Riley, KS f. Current Enlistment Date/Term: 23 August 2007, 5 years g. Current Enlistment Service: 2 years, 8 months, 15 days h. Total Service: 2 years, 8 months, 15 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 31B10, Military Police m. GT Score: 95 n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Iraq (080627-090905) q. Decorations/Awards: ARCOM, NDSM, ICM-W/CS, ASR, OSR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: Yes SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 23 August 2007, for a period of 5 years. He was 19 years old at the time of entry and a HS Graduate. He was trained in and awarded military occupational specialty (MOS) 31B10, Military Police. His record also shows that he served a combat tour, earned an ARCOM, and achieved the rank of PFC/E3. He was serving at Fort Riley, KS when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record shows that on 27 April 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance specifically for: a. receiving numerous negative counseling statements, b. being transferred to another platoon for rehabilitation and still did not improve. c. receiving a CG Article 15 on 26 March 2010, for failing to be at his appointed place of duty and disobeying an order from a noncommissioned officer. 2. The unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. On 27 April 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit 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 the discharge; however, he did not specify a characterization of service. 4. On 5 May 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 7 May 2010, with a characterization of service of general, under honorable conditions. 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. A CG Article 15, dated 26 March 2010, for without authority, failing to go at the time prescribed to his appointed place of duty (100313); and willfully disobeying a lawful order from a noncommissioned officer (SGT), (100313); the punishment consisted of a reduction to E-3, extra duty for 14 days and restriction for 14 days. 2. Numerous negative/monthly counseling statements covering the period 1 April 2008 through 7 April 2010, for failing to keep his room clean, failing to follow orders on numerous occasions, underage drinking, no desire to perform his duties, not shaving, failing to shave before PT, lack of motivation during PT, failing to report and keep his chain of command informed, poor performance, and willfully refusing to conduct himself as a Soldier, and being informed of involuntary separation proceedings. 3. The record contains five DA Forms 2823 (Sworn Statement), dated between 11 April 2008 and 7 May 2008, which gave accounts and views regarding the applicant’s actions. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, DD Form 214, and eight character reference letters. POST-SERVICE ACTIVITY: The applicant did not provide any with the application. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. 2. Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases. 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 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. By his unsatisfactory performance, the applicant diminished the quality of his service below that meriting an honorable characterization of service. 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 did not submit any issues of equity or propriety for the board’s consideration. 5. The records show the proper discharge and separation authority procedures were followed in this case. 6. 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: Personal Appearance Date: 22 September 2014 Location: Washington, DC Did the Applicant Testify: Yes Counsel: Yes Witnesses/Observers: None DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE 1. The applicant submitted the following additional documents: a. Letter of Support from SSG C.W. In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. 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 RE Code to: No Change Grade Restoration to: NA Change Authority for Separation: No Change 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) AR20140004643 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1