IN THE CASE OF: Mr. BOARD DATE: 10 April 2015 CASE NUMBER: AR20140007924 ___________________________________________________________________________ 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. In addition, the applicant requests a change to his reentry code. 2. The applicant states, in effect, he planned to finish his enlistment in order to fulfill the 20 year obligation for retirement. The applicant states, upon returning from Iraq, he discovered his wife was the subject of an investigation involving drugs and his neighbor’s murder. The applicant further states, his wife was possibly facing drug charges; therefore, in an attempt to avoid her being barred from post, the applicant asked his wife to leave. The applicant contends, after coming home to an empty house, following his field training exercise, he continuously requested leave to return to Tennessee to finish his divorce and get custody of his two sons. The applicant contends, he spoke with the unit chaplain and legal assistance, in addition to requesting to see the battalion command sergeant major (Bn CSM). The applicant states, he spoke to the Bn CSM only to find out his leave would not be approved, two days later he was reduced to E-5 for insubordination, three weeks later reduced to E-4, then discharged from the military as an E-3. The applicant states, he would like an opportunity to reenter the Army. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 May 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 20 January 2006 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, Chapter 14-12b, JKA, RE-3 e. Unit of assignment: Headquarters and Headquarters Company, 1st Battalion, 16th Infantry, Fort Riley, KS f. Current Enlistment Date/Term: 1 July 2003/3 years g. Current Enlistment Service: 2 years, 6 months, 20 days h. Total Service: 19 years, 4 months, 4 days i. Time Lost: None j. Previous Discharges: ARNG, 891115-030630, HD RA, 860916-891114, HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: 108 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Iraq (040414-040914) q. Decorations/Awards: ARCOM, TNGIAR, AGCM, NDSM, GWTSM, ASR, OSR, ICM r. Administrative Separation Board: Waived 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 1 July 2003 for a period of 3 years. He was 34 years old at the time of entry and a high school graduate. He was prior service, initially serving in the Regular Army for over three years, then onward to the Army National Guard for over 13 years. He served in Iraq. He completed 19 years, 4 months, and 4 days of creditable military service. When his discharge proceedings were initiated, he was serving at Fort Riley, Kansas. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record shows that on 5 January 2006, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 14-12b, by reason of pattern of misconduct. Specifically for failing to report on many occasions, making false official statements, being derelict in the performance of his duties, and failing to obey noncommissioned officers on many occasions. 2. The unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. On 6 January 2006, 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 not to submit a statement on his 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 of the separation with a general, under honorable conditions discharge. 4. On 11 January 2006, 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 20 January 2006, with a characterization of service of general, under honorable conditions under the provisions of AR 635-200, Chapter 14-12b, for a pattern of misconduct, a Separation Program Designator code (SPD) of JKA 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. An Article 15, dated 1 March 2005, without authority, go from his appointed place of duty (050125) and failed to go at the time prescribed to his appointed place of duty on two occasions (050125 x2). The punishment consisted of a reduction to the grade of E-3, forfeiture of $382.00 pay per month for one month, and 14 days of extra duty and restriction (CG). 2. An Article 15, dated 29 December 2005, without authority, failed to go at the time prescribed to his appointed place of duty on divers occasions (051118, 051121, and 051129). The punishment consisted of a reduction to the grade of E-2 and forfeiture of $325.00 pay (suspended), to be automatically remitted if not vacated before 29 May 2006, and 14 days of extra duty (CG). 3. Twelve negative counseling statements, dated between 9 February 2005 and 29 November 2005, for failing to follow orders, leaving his place of duty without permission, lying to an NCO, using appointments to circumvent work, failing to be in the proper uniform, being deceptive with platoon leadership, missing start point time, failing to salute an officer, failing to properly use chain of command, failing to be at his appointed place of duty, missing movement, and failing to conduct organized physical training. EVIDENCE SUBMITTED BY THE APPLICANT: 1. The applicant provided a DD Form 293, dated 28 April 2014, and a DD Form 214 covering the period of service under review. 2. The applicant provided a self-authored letter, along with the following documents from his official military personnel file: a. NGB Form 22, covering the period of service from 15 November 1989 to 30 June 2003, b. DA Form 4836, dated 12 August 2001, c. DD Form 214, covering the period of service from 16 September 1986 to 14 November 1989, d. DA Form 4187, dated 18 April 1989, advancing the applicant to Specialist E-4, and e. Enlisted Record Brief, dated 19 January 2006. POST-SERVICE ACTIVITY: None was 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 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 numerous counseling statements and two Articles 15 for multiple violations of the Uniform Code of Military Justice. 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 that he was having family issues that affected his behavior and ultimately caused him to be discharged. The applicant states he sought assistance from the chaplain legal assistance; however, there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 5. The applicant contends his command would not approve his leave and later reduced him in rank for insubordination. The applicant states he was reduced in rank three times; however, the record reflects one reduction in rank, in addition to a suspended reduction, as a result of non-judicial punishment. Furthermore, the evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. 6. The applicant contends he was discharged from the military after seeking help from his chain of command. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with his overall service record. 7. The applicant states, he would like an opportunity to reenter the Army. The applicant desires to rejoin the Military Service. 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 is 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. 8. The records show the proper discharge and separation authority procedures were followed in this case. 9. 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: 10 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) AR20140007924 Page 2 of 7 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1