IN THE CASE OF: BOARD DATE: 8 August 2014 CASE NUMBER: AR20140006401 ___________________________________________________________________________ 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 a change to the narrative reason for separation, separation code, and reentry code. The board will also consider an upgrade of his general, under honorable conditions discharge to honorable. 2. The applicant states, in effect, the discharge was unjust. He contends that he was found guilty on one isolated incident and that he desires to enter the New York National Guard. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 9 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 12 April 2011 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200 Chapter 14-12b, JKA, RE-3 e. Unit of assignment: F Co, 526th Brigade Support Bn 2d BCT, 101st Airborne Division (Air Assault), Fort Campbell, KY f. Current Enlistment Date/Term: 23 July 2007/4 years, 18 weeks g. Current Enlistment Service: 3 years, 8 months, 20 days h. Total Service: 4 years, 3 months, 7 days i. Time Lost: None j. Previous Discharges: DEP, 070106-070722, NA k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 88M1O, Motor Transport Operator m. GT Score: 98 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Iraq (080302-081102), Afghanistan (100529-110315) q. Decorations/Awards: ACM-CS, AAM, NDSM, GWOTSM ICM-CS, ASR, OSR-2, NATO MDL CAB r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 23 July 2007, for a period of 4 years and 18 weeks. He was 25 years old at the time of entry and a high school graduate. He served in Iraq and Afghanistan, earned an AAM and a CAB, and completed 3 years, 8 months, and 20 days of active duty service. When his discharge proceedings were initiated, he was serving in Fort Campbell, KY. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 30 December 2010, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12b(2), by reason of pattern of misconduct for the following offenses: a. disrespectful facial expressions toward SFC M b. disrespectful in deportment x 4 (101003, 101211, 101211, 101211) c. disrespectful in language toward SGT A 2. Based on the above pattern of misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 6 January 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and indicated that he would submit a statement in his own behalf. On 11 February 2011, the applicant submitted a statement in his own behalf. In the applicant’s rebuttal statement, he stated that he wishes to transfer to a different unit in order to be seen in a different light and to finish the 9 months and 15 days remaining on his contract. He also stated that he felt the chapter document was a falsified document based on a statement that he believed to be untrue. 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 13 February 2011, the separation authority approved and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. On 22 February 2011, the applicant was released from theater (Afghanistan) due to legal action and chaptered from military service. 6. The applicant was separated on 12 April 2011, under Army Regulation 635-200, Chapter 14-12b for pattern of misconduct, with a characterization of service of general, under honorable conditions discharge, an SPD code of JKA, and an RE code of 3. 7. The applicant’s record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge Order Number 094-0612, dated 4 April 2011, Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, Kentucky, discharged the applicant from the Regular Army effective 12 April 2011. 2. Article 15, dated 1 December 2010, failure to be at appointed place of duty at the prescribed time (101003), failure to obey a lawful order (101003), disrespectful in deportment on 2 occasions (101003, 101003), disrespectful in language on 2 occasions (101005, 101026), and orally communicated certain indecent language on 2 occasions (101003, 101026). The applicant did not appeal the charges brought against him. The punishment consisted of reduction to the grade of E-1, forfeiture of $723 per month for two months, 45 days of extra duty and restriction (FG) 3. Seven negative counseling statements dated between 3 October 2010 and 13 December 2010, for disrespect, and disobeying a lawful order. 4. MEDCOM Form 4038 (Report of Behavioral Health Evaluation), dated 26 December 2010, reflects that the applicant had a clear and normal thought process and was mentally responsible. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, dated 7 April 2014, and a DD Form 214 covering the period of service under review. POST-SERVICE ACTIVITY: None provided with the 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12b, pattern of misconduct. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" 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, change reason for separation, and change to the reentry code 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 his service below that meriting a fully honorable discharge. The applicant’s record of service was marred by an Article 15 for multiple violations of the Uniform Code of Military Justice. 3. The applicant requested a change to the separation and reentry codes. 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, patterns of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3 4.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. 5. The applicant contends the discharge was unjust because the incident that caused his discharge was the only one in his entire Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 6. The applicant desires to join the New York National Guard. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are 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. 7. The records show the proper discharge and separation authority procedures were followed in this case. 8. 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: 8 August 2014 Location: Washington, DC Did the Applicant Testify? No Counsel: None 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: No Change Change RE Code to: No Change 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) AR20140006401 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1