IN THE CASE OF: Mr. BOARD DATE: 4 March 2015 CASE NUMBER: AR20140005402 ___________________________________________________________________________ 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. 2. The applicant states, in effect, he was a great Soldier. He states, soon after being reassigned to a stressful unit, he began dealing with depression and alcoholism again. He states, he attempted to get help and was enrolled in the Army Substance Abuse Program. He states, the incidents he was involved in were all alcohol related, including his time lost for being AWOL. He contends, he requested a medical discharge due to the two major illnesses he was suffering with but was denied. He states, he regrets the actions that caused his discharge. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 March 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 14 February 2008 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, Chapter 14-12b, JKA, RE-3 e. Unit of assignment: Bravo Company, 2nd Battalion, 1st Infantry Regiment, Fort Lewis, WA f. Current Enlistment Date/Term: 7 July 2005/4 years, 19 weeks g. Current Enlistment Service: 2 years, 5 months, 20 days h. Total Service: 2 years, 5 months, 20 days i. Time Lost: 49 days j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 11B1P, Infantryman m. GT Score: 101 n. Education: HS Graduate o. Overseas Service: Germany p. Combat Service: None q. Decorations/Awards: NDSM, ASR 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 7 July 2005, for a period of 4 years and 19 weeks. He was 19 years old at the time of entry and a high school graduate. He served in Germany and did not earn any significant awards of valor or achievement. He completed 2 years, 5 months, and 20 days of active duty service. When his discharge proceedings were initiated, he was serving in Fort Lewis, WA. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record is void of the commander’s notification memorandum. However, the commander’s report, dated 28 January 2008, reflects the applicant was discharged for receiving a FG Article 15 for overindulgence of intoxicating alcohol on 4 October 2007, for receiving a counseling statement on 22 June 2007, for an incident that took place on or about February 2007 for domestic violence against his spouse that involved alcohol, for being pulled over for speeding and driving on a suspended license, and for receiving a GOMOR for driving while intoxicated on 13 June 2006. 2. On 28 January 2008, 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. 3. On 31 January 2008, the separation authority waived further rehabilitation efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 4. The applicant was separated on 14 February 2008, 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. 5. The applicant's record shows he was AWOL during the periods 2 December 2007 through 16 December 2007 and 28 December 2007 through 31 January 2008. His mode of return is unknown. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. MEDCOM Form 699-R (Mental Status Evaluation), dated 7 August 2007, reflects the applicant had a clear and normal thought process and content, was mentally responsible and could distinguish the difference between right and wrong. He was cleared for administrative actions deemed appropriate by the command. 2. HFL Form 97, dated 27 July, 2007, reflects the applicant had a blood alcohol content reading of .082. 3. Three negative counseling statements, dated 8 February 2007, 22 June 2007, and 27 July 2007, for being intoxicated on duty, assault, minor in possession of alcohol, speeding, driving under suspension, no interlock device on vehicle, DUI, domestic violence, and traffic violations. 4. Article 15, dated 4 October 2007, for overindulgence in intoxicating liquor incapacitated for the proper performance of his duties. The punishment consisted of a reduction to the grade of E-1, forfeiture of $650 per month for two months, and 45 days of extra duty and restriction (FG). 5. Several DA Forms 4187 (Personnel Action) dated between 9 May 2007 and 6 February 2008, reflects changes in the applicant’s duty status and unit transfer. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 14 December 2013 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. 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, 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 standards for acceptable conduct and performance of duty by military personnel. The applicant by violating the Army's policy not to abuse alcohol, compromised the special trust and confidence placed in a Soldier. The applicant, as a Soldier, had the duty to support and abide by the Army's alcohol abuse policies. By abusing alcohol, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. 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 requested a medical discharge due to his depression and alcoholism. However, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed a pattern of misconduct. 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: 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) AR20140005402 Page 5 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1