IN THE CASE OF: Mr. BOARD DATE: 24 April 2015 CASE NUMBER: AR20140005608 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation which follows, the Board determined the discharge to be 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 to upgrade the characterization of his service from general, under honorable conditions to fully honorable. 2. The applicant states, in pertinent part and in effect, his chain of command mistreated him as a Soldier by verbally abusing and being disrespectful towards him. Processing over 500 deceased bodies and dealing with the after effects caused him mental issues. He feels that he deserved an MEB because he had legitimate medical reasons for retirement. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 27 March 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 7 June 2010 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200, Paragraph 14-12c, JKQ, RE-3 e. Unit of assignment: HHT, 3rd Sqdn, 71st Cavalry Regiment, 3rd BCT, 10th Mountain Division (Light Infantry), Fort Drum, NY f. Current Enlistment Date/Term: 27 March 2007, 6 years g. Current Enlistment Service: 3 years, 2 months, 11 days h. Total Service: 6 years, 0 months, 19 days i. Time Lost: None j. Previous Discharges: RA (040519-070326) / HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 19D10, D3 Cavalry Scout m. GT Score: 82 n. Education: GED o. Overseas Service: SWA p. Combat Service: Iraq (070127-070727), Afghanistan (060727-070101) q. Decorations/Awards: ARCOM-2; AAM; NDSM; ACM-2CS; GWOTSM; HSM; ASR; OSR-2; NATO MDL r. Administrative Separation Board: No, waived his right to consult with counsel s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 19 May 2004, and reenlisted on 27 March 2007, for a period of 6 years. He was 17 years old at the time of entry and had a high school equivalency (GED). He was trained in and awarded military occupational specialty (MOS) 19D10, D3 Cavalry Scout. He served in Iraq and Afghanistan. He earned two ARCOMs and an AAM. He completed 6 years and 19 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 18 May 2010 (as acknowledged by the applicant), the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason misconduct (serious offense), specifically for the following incidents: a. endangering the welfare of a minor, by knowingly and unlawfully providing alcohol to a 16-year old male and a 17-year old female (violation of Section 260.20, Subdivision 2 of the Penal Law of the State of NY (January 2010); b. making a false official statement (violation of Article 107, Uniform Code of Military Justice (UCMJ) to MSG K, to wit: that the applicant had been hit by an IED blast, which statement was totally false, and was then know by him to be so false (090811); and c. being convicted by a summary court-martial (060914), for conspiracy and destruction of private property (as indicated on DD Form 2329). 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 20 May 2010, the applicant waived his right to consult with legal counsel, indicated he understood 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. In an undated memorandum, 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 June 2010, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), a Separation Program Designator code (SPD) of JKQ, and an 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. DD Form 2329, Record of Trial by Summary Court-Martial, indicates the applicant was found guilty of conspiracy and destruction of private property on 14 September 2006. The sentence consisted of 30 days of confinement, forfeiture of $150, and a reduction to E-1 (suspended). 2. Article 15, dated 16 June 2003, failure to report on 3 occasions (030123, 030226, and 030227). The punishment consisted of reduction to the grade of E-1, forfeiture of $500 per month for two months (suspended), 45 days of extra duty and restriction (FG) 3. Three negative counseling statements, dated 18 March 2010 and 1 April 2010, for leaving his assigned duty as a CQ runner; being non-compliant with the Army height and weight, and body fat standards; and failing to attend the Army weight control/special population PT program. 4. Three complaint information rendered by an officer with a civilian police department, dated 16 March 2010, indicates the applicant was the subject of allegations for endangering the welfare of children less than 17 years old, with supporting depositions, dated 5, 6, 7, 10, and 11 March 2010. 5. Memorandum from the unit commander, dated 18 March 2010, subject: Weight Control Program, indicates the applicant exceeded the weight standards by 70 pounds and body fat standard by 10 percent. 6. Report of Mental Status Evaluation, dated 22 April 2010, indicates the applicant was diagnosed with Axis I: alcohol dependence, adjustment disorder, may be chaptered out under Chapter 9 for alcoholism, and adjustment disorder was medically acceptable; Axis II: no diagnosis; and Axis III: no psychiatric related diagnosis (eye problems, MRI shows brain cyst). The findings indicated that there was no evidence of a cognitive disorder or severe mental disease or defect. The applicant was psychiatrically cleared for any administrative action deemed appropriate by his command. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided the separation authority’s decision memorandum; Report of Medical History, dated 12 April 2010; medical treatment records, dated 4 October 2007, in March 2009, April and May 2010, December 2005, and June 2004; sworn statement (MSG K), dated 19 March 2010; memorandum, dated 18 March 2010, subject: Weight Control Program; counseling statement, dated 18 March 2010; Report of Medical Examination, dated 14 April 2010; Report of Mental Status Evaluation, dated 22 April 2010; counseling statement, dated 1 April 2010; Record of Trial by Summary Court-Martial, dated 14 September 2006; sworn statement, dated 31 March 2010; unit commander’s notification memorandum, undated; and page 2 of the unit commander’s forwarding memorandum. POST-SERVICE ACTIVITY: The applicant provided none. 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, paragraph 14-12c, misconduct (serious offense). 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 was carefully considered. 2. After examining the applicant’s record of service, his military records, and the documents and issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to honorable for the following reasons: a. Length and quality of service: The applicant served a total of 6 years and 19 days, and the preponderance of his service was honorable. b. The record confirms the applicant was awarded two ARCOMs and an AAM, and served, combat tours in Iraq and Afghanistan. c. The applicant’s record reflects documentary evidence of his mental health issues and mitigating factors that mental health-related disorder existed at the time of his discharge as outlined on his report of medical history while on active duty. 3. This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct. The mental health-related disorder evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result inequitable. 4. In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant full relief in the form of an upgrade of the characterization of service to honorable. However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 24 April 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) AR20140005608 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1