IN THE CASE OF: BOARD DATE: 22 July 2015 CASE NUMBER: AR20140007142 ___________________________________________________________________________ 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 discharge from general, under honorable conditions to honorable. 2. The applicant states, in effect, he needs an upgrade to obtain employment in law enforcement. He desires to receive VA benefits to pursue the best college education; and he desires to reenlist in the Army. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 17 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 6 June 2012 d. Reason/Authority/SPD/RE: Pattern of Misconduct, AR 635-200, Chapter 14 paragraph 14-12b, JKA, RE-3 e. Unit of assignment: A Co, 1st Brigade Special Troops Battalion, 1st Brigade Combat Team, Fort Drum, NY f. Current Enlistment Date/Term: 23 October 2007, 6 years g. Current Enlistment Service: 4 years, 7 months, 14 days h. Total Service: 7 years, 6 months, 5 days i. Time Lost: None j. Previous Discharges: ARNG (041202-050101)/NA IADT (050102-050415)/UNC ARNG (050416-051201)/HD (Break In Service) RA (060329-071022)/HD k. Highest Grade Achieved: E-6 l. Military Occupational Specialty: 12B10, Combat Engineer m. GT Score: 102 n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Iraq x 2 (070510-080703) and (091030-101011) q. Decorations/Awards: ARCOM-2, AAM-4, AGCM-1, NDSM, ICM-3CS, GWOTSM, HSM, NPDR-2, ASR, OSR-2, CAB r. Administrative Separation Board: No s. Performance Ratings: Yes t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Army National Guard on 2 December 2004, for a period of 8 years. He was 21 years old at the time of entry and a high school graduate. He was ordered to IADT on 2 October 2004. He trained in and was awarded military occupational specialty (MOS) 21B10, Combat Engineer. He was released from active duty with an honorable characterization of service and returned to his unit. The applicant enlisted in the Regular Army on 29 March 2006, for a period of 3 years and 2 weeks; and he was 23 years old at the time. His last enlistment on 23 October 2007 was for 6 years; and he was 24 years old at the time. His record also shows he served two combat tours, earned several awards including two ARCOMs, four AAMs, an AGCM and a CAB; and he achieved the rank of SSG/E-6. He was serving at Fort Drum, NY when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 11 May 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of a pattern of misconduct. Specifically for the following offenses: a. failing to go at the time prescribed to his appointed place of duty on divers occasions between (110930-120414), b. being cited with aggravated unlicensed operation of a motor vehicle (120412), and c. being cited for driving while intoxicated (111117). 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 15 May 2012, the applicant consult 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 him receiving a characterization of service of no less favorable than general, under honorable conditions, and indicated he intended to submit a statement on his own behalf (which is not contained in the available record). 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. 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 6 June 2012, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, with a Separation Program Designator code (SPD) of JKA and an RE code of 3. 6. The applicant’s service record contains no evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A FG Article 15 dated, 25 April 2012, for without authority, failing to go at the time prescribed to his appointed place of duty (110930-120404). The punishment consisted of a reduction to E-5, forfeiture of $1,331 pay for two months (suspended), extra duty and restriction for 45 (suspended), and an oral reprimand. 2. Two Military Police Reports, dated 24 November 2011 and 12 April 2012, for willfully disobeying a superior commissioned officer (on post suspension list) and driving in the wrong direction on a one way street off post, aggravated unlicensed operation of a motor vehicle second degree, and an inspected motor vehicle. 3. He received numerous negative counseling statements dated between 30 September 2011 and 13 April 2012, for being late for formation, arrested for driving on post and disobeying an order, failing to report numerous times, indebtedness, failing to support his wife financially, missing movement, failing to pay Military Star Card bill, and driving with a suspended license. 4. A memorandum, dated 6 March 2012, indicating the applicant’s on post driving privileges were suspended for an additional five years. 5. A Watertown Court disposition document dated 5 March 2012, indicating the applicant was charged with operating a motor vehicle while impaired. 6. DA Form 3822-R (Report of Mental Status Evaluation), dated 17 April 2012, indicating the applicant was diagnosed with an adjustment disorder with anxiety and depressed mood. A comprehensive PTSD/TBI evaluation was conducted and the findings were negative. However, applicant was psychiatrically cleared for any administrative action in accordance with AR 635-200. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, sworn statement, letter of agreement, self-authored statement, five character statements, Enlisted Record Brief (ERB), four DA Forms 2166-8 (NCO Evaluation Report), memorandum awarding HSM and the Ohio Special Service Ribbon (OHSSR), two deployment orders, 80-656 and 260-8, CAB orders 235-006, two academic evaluation reports (AERs), commendation memorandum, certificate of achievement, request for military police reports, two military police reports and a letter detailing testimony by the applicant’s spouse at a court-martial. POST-SERVICE ACTIVITY: The applicant did not provide any information with 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 OF ISSUES: 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 issues and documents 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 an Article 15, two military police reports, numerous negative counseling statements, suspension of post driving privileges, and court documents from the city of Watertown. 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 needs an upgrade to obtain employment in law enforcement. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 5. The applicant desires to receive VA benefits to pursue a college education; and desires to reenlist in the Army. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 6. Further, 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. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Record Review Date: 22 July 2015 Location: Washington, DC Did the Applicant Testify: NA Counsel: No 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 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) AR20140007142 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1