IN THE CASE OF: Mr. BOARD DATE: 15 April 2015 CASE NUMBER: AR20140006771 ___________________________________________________________________________ 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 to upgrade the characterization of his service from general, under honorable conditions to fully honorable. 2. The applicant states, in effect, he completed two combat tours honorably. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 15 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 23 October 2013 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200, Paragraph 14-12c, JKQ, RE-3 e. Unit of assignment: B Btry, 2nd Bn, 17th FA Regiment, 2nd Stryker BCT, 7th Infantry Division, Joint Base Lewis-McChord, WA f. Current Enlistment Date/Term: 4 July 2012, 3 years g. Current Enlistment Service: 1 year, 3 months, 20 days h. Total Service: 5 years, 3 months, 22 days i. Time Lost: None j. Previous Discharges: RA (080702-120703) / HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 13D10, Field Artillery Automated Data Systems Specialist m. GT Score: 101 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Afghanistan (120428-130113), (090715-100710) q. Decorations/Awards: ARCOM-2; AGCM; NDSM; ACM-CS; NPDR; ASR; OSR-2; NATO MDL r. Administrative Separation Board: No 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 2 July 2008, and reenlisted on 4 July 2012, for a period of 3 years. He was 19 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 13D10, Field Artillery Automated Data Systems Specialist. He served in Afghanistan. He earned two ARCOMs. He completed 5 years, 3 months, and 22 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 24 June 2013, 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. wrongfully and unlawfully making a false statement under oath (130523) and b. wrongfully having sexual intercourse with a woman, not his wife, on divers occasions (130501-130512). 2. The unit commander recommended an under other than honorable conditions discharge and advised the applicant of his rights. 3. On 28 June 2013, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than general, under honorable conditions, and elected to submit statements on his behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. On 27 August 2013 and 5 September 2013, the intermediate commanders reviewed the proposed action and recommended approving the conditional waiver. 4. On 2 October 2013, the separation authority approved the conditional waiver request, 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 23 October 2013, 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. Article 15, dated 13 June 2013, for making a false official statement (130523) and wrongfully having sexual intercourse with a woman not his wife on divers occasions (130501-130512). The punishment consisted of a reduction to the grade of E-1 and forfeiture of $758 per month for two months, (FG). 2. Article 15, dated 19 March 2012, for disobeying a superior commissioned officer (120206). The punishment consisted of a reduction to the grade of E-3 (suspended), forfeiture of $462 (suspended), and 7 days extra duty, (CG). 3. Four negative counseling statements dated, between 5 December 2011 and 28 November 2012, for issuing him a legal order to cease contact with his spouse until further notice; being arrested and being charged with domestic violence; disrespecting a commissioned officer; failing to obey a lawful order or regulation; switching from trail party to the main body of the deployment so that he may spend time with his spouse who was making a PCS move; and being seen with another female while still legally married. 4. Service School Academic Evaluation Report, dated 23 May 2013, indicates the applicant achieved the course standards of the warriors’ leader course. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an ERB and deployment orders, dated 22 March 2012. 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. 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 documents and issue 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 serious incidents 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 Article 15 actions for violations of the Uniform Code of Military Justice and negative counseling statements. 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 served two combat tours honorably. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated serious incidents of misconduct or by the multiple negative counseling statements and the documented actions under Article 15 of the Uniform Code of Military Justice. 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: 15 April 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) AR20140006771 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1