IN THE CASE OF: Mr. BOARD DATE: 4 March 2015 CASE NUMBER: AR20140004872 ___________________________________________________________________________ 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 characterization to honorable and a change to the narrative reason for separation. 2. The applicant states, in effect, he feels the decisions he made in the past were not the best; however, he has had the opportunity to reflect on his past and desires to become a better citizen. He states, an upgrade of his discharge would help him do that. He states, since his discharge he has enrolled in the Medical Office Support program through Job Corps. He states, through this program he has learned customer service and personal responsibility and accountability. He desires to become an educator. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 18 March 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 21 September 2012 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, Chapter 14-12b, JKA, RE-3 e. Unit of assignment: Bravo Battery, 3rd Battalion, 27th Field Artillery Regiment, Fort Bragg, NC f. Current Enlistment Date/Term: 5 October 2010/3 years g. Current Enlistment Service: 1 year, 11 months, 17 days h. Total Service: 1 year, 11 months, 17 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 13M10, MLRS/HIMARS Crewman m. GT Score: 105 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, ASR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 5 October 2010, for a period of 3 years. He was 20 years old at the time of entry and a high school graduate. His record is void of any significant acts of valor and achievement. He completed 1 year, 11 months, 17 days of active duty service. When his discharge proceedings were initiated, he was serving in Fort Bragg, NC. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 2 August 2012, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12b, for a pattern of misconduct. Specifically for: a. being disrespectful to a NCO (111101 and 111108), b. being derelict in the performance of his duties (120122), c. failing to obey a lawful general regulation by being intoxicated during duty hours (120131), and d. disobeying and lying to a NCO (120426 x 2 and 120430). 2. Based on the above pattern of misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. On 2 August 2012, the applicant indicated he was given the opportunity to consult with legal counsel, was advised of the impact of the discharge action, and elected to submit a statement in his own behalf (NIF). 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 August 2012, 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 21 September 2012, under Army Regulation 635-200, Chapter 14-12b, 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 contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. As indicated in the Commander’s Report, dated 14 August 2012, an Article 15, dated 28 February 2012, for failing to obey a lawful general regulation by being intoxicated during duty hours on 31 January 2012. The punishment consisted of a reduction to the grade of E-2, forfeiture of $389 pay (suspended), and 14 days of extra duty and restriction (CG). 2. As indicated in the Commander’s Report, dated 14 August 2012, an Article 15, dated 15 May 2012, for disobeying and lying to a NCO on 26 April 2012 and 30 April 2012. The punishment consisted of a reduction to the grade of E-1, forfeiture of $389 pay (suspended), and 14 days extra duty and restriction (CG). EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 14 March 2014, a DD Form 214, a Statement from Court or Other Agency, dated 6 June 2013, Missouri Case.net printout, dated 5 June 2013, official 3 year driver record, dated 2 January 2014, the applicant’s student record, and a email from Mr. M. POST-SERVICE ACTIVITY: The applicant states he is enrolled in a Job Corps Medical Office Support program. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12b, for a pattern of misconduct. 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 documents and the issues 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 of his service below that meriting a fully honorable discharge. The applicant’s record of service was marred by two CG Article 15s for multiple violations under the UCMJ. 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 also request a change to the narrative reason for separation. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12b, for a pattern of misconduct. 5. The applicant contends that since leaving the Army he is attending a Medical Office Support program through Job Corps and desires to become an educator. The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application. However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted. Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 6. The records show the proper discharge and separation authority procedures were followed in this case. 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: 4 March 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) AR20140004872 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1