IN THE CASE OF: BOARD DATE: 10 June 2015 CASE NUMBER: AR20140008322 ___________________________________________________________________________ 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, two incidents that caused him great anxiety and depression were, while serving Afghanistan, he lost control of the vehicle he was driving and almost overturned it, and going through a divorce. He started drinking heavily. He was not offered any treatment for this condition. When he transferred to Fort Drum, he received a DUI. He was required to attend a three-day substance abuse course. He did not receive an Article 15, but his unit decided to discharge him two months prior to his ETS. Prior to the DUI, his performance was above average. His performance and dedication to duty, and receiving no other disciplinary action during his service should have allowed him to receive an HD. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 8 May 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 23 January 2012 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, Paragraph 14- 12b, JKA, RE-3 e. Unit of assignment: A Co, 10th BSB, 1st BCT, 10th Mountain Division (Light Infantry), Fort Drum, NY f. Current Enlistment Date/Term: 30 October 2008, 3 years, 22 weeks g. Current Enlistment Service: 3 years, 2 months, 24 days h. Total Service: 3 years, 2 months, 24 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 88M10, Motor Transport Operator m. GT Score: 92 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Afghanistan (100402-110313) q. Decorations/Awards: NDSM; ACM-CS; GWOTSM; ASR; OSR; NATO MDL; MUC 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 30 October 2008, for a period of 3 years and 22 weeks. He was 25 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 88M10, Motor Transport Operator. He served in Afghanistan. His record documents no other acts of valor or significant achievement. He completed 3 years, 2 months, and 24 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 30 November 2011 (as acknowledged by the applicant), 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 incidents: a. being arrested for DWI by a civilian police department (110507); b. being arrested for disorderly conduct (111002); and c. failing to report to his appointed place of duty at the prescribed time on divers occasions (110523-110812). 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 1 December 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted 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 23 January 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, a Separation Program Designator code (SPD) of JKA, and a 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. There is no record of any action under the Uniform Code of Military Justice. The action that reduced him to PVT/E-1 is not available. 2. Several negative counseling statements, dated between 9 May 2011 and 3 October 2011, for being arrested by civil authorities for disorderly conduct; failing to be at his appointed place of duty at the prescribed time; for being charged with DUI by a police department; failing a record APFT; and being arrested for DWI. 3. An MP Report with a civilian police report, dated 2 October 2011, indicates the applicant was the subject of an investigation for being arrested by civilian authorities for disorderly conduct. 4. A civilian traffic ticket, dated 7 May 2011, indicates the applicant was cited with three other traffic offenses when cited for driving while intoxicated, and a second DWI offense was noted. 5. Report of Mental Status Evaluation, dated 22 August 2011, indicates the applicant was diagnosed with an adjustment disorder with disturbance of emotions. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 214 dated 20 February 2014, for service under current review. 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. 2. After examining the applicant’s record of service, his military records, 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 3 years, 2 months, and 24 days of his 3 years and 22 weeks enlistment, thus the preponderance of his service was honorable. b. The record confirms the applicant served a tour in combat. c. Documentary evidence indicates he had an ongoing mental health issues 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. Evidence of having mental health issues which may have contributed to the misconduct 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 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. 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. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 10 June 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) AR20140008322 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1