IN THE CASE OF: Mr. BOARD DATE: 8 May 2015 CASE NUMBER: AR20140008398 ___________________________________________________________________________ Board Determination and Directed Action 1. 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. a. However, notwithstanding the propriety of the applicant’s discharge, the Board found that the applicant’s DD Form 214, block 27 contains the erroneous reentry code of 4. b. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. 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 uncharacterized to general, under honorable conditions. 2. The applicant states, in effect, an upgrade would allow him to reenlist which proves he was innocent at a court-martial while in basic training. He would like to have the flagging action removed also. A change to his discharge would also allow him to apply for employment. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 8 May 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 5 March 2013 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200, Paragraph 14-12c, JKQ, RE-4 e. Unit of assignment: B Co, 2nd Bn, 54th Infantry Regiment, Fort Benning, GA f. Current Enlistment Date/Term: 28 August 2012, 3 years, 16 weeks g. Current Enlistment Service: 0 years, 6 months, 8 days h. Total Service: 0 years, 6 months, 8 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: 95 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None 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 28 August 2012, for a period of 3 years and 16 weeks. He was 20 years old at the time of entry and a high school graduate. His record documents no acts of valor or significant achievement. He completed 6 months and 8 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 24 January 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 of misconduct (serious offense), specifically for the following misconduct: a. continuing to leave his place of duty and go to unauthorized areas without permission, and b. willfully disobeying the order of his superior commissioned officer by leaving the designated area of restriction without proper escort or authorization. 2. Based on the above misconduct, the unit commander recommended an uncharacterized discharge and advised the applicant of his rights. 3. On 24 January 2013, the applicant waived his right to consult with legal counsel, indicated he understood the impact of the discharge action, and did not submit 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 an uncharacterized discharge. 4. On 25 February 2013, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized discharge. 5. The applicant was discharged from the Army on 5 March 2013, with an uncharacterized characterization of service 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 4. 6. The applicant’s service record contain no evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Article 15, dated 13 December 2012, for disobeying a lawful written order (121205) and dereliction of duty (121205). The punishment consisted of forfeiture of $689 per month for two months, and 45 days of extra duty and restriction, (FG). 2. Three negative counseling statements, dated between 6 December 2012 and 17 January 2013, for failing to adapt to the military environment; being recommended for separation; being caught buying and selling contraband (energy drinks, tobacco products, and protein bars) to his fellow Soldiers; leaving the company area without permission while on restriction; failing to follow instructions; failing to follow the orders of an NCO; purchasing items at the military exchange store without permission; and leaving post while not being allowed to go off-post. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a self-authored statement. 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 document and issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The records reflect that the separation authority approved the applicant's discharge as entry-level status, with the description of service as uncharacterized. Army Regulation 635-200 provides, in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Soldiers, who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive, may be expeditiously separated while in entry-level status. The Regulation also provides, except in cases where an under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. The regulation further provides for separation in an entry-level status, when the Soldier is undergoing individual entrance training, and, before the date of the initiation of separation action, has completed no more than 180 days of creditable continuous active duty. The separation action, in this case, was initiated within five months of the applicant’s service. 3. A general, under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct or performance of duty. The applicant’s service record indicates no such unusual circumstances were present and did not warrant an honorable discharge. 4. 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 an Article 15 for violations of the Uniform Code of Military Justice and several negative counseling statements. 5. 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. 6. The records show the proper discharge and separation authority procedures were followed in this case. However, based on a comprehensive review, the applicant’s record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense). AR 635-5-1, (Separation Program Designator Codes) and Cross Reference Table shows that a Soldier processed for misconduct (serious offense) will be assigned an SPD Code of JKQ and an RE Code of 3. 7. The applicant has expressed his desire to rejoin the military service and to have better job opportunities. 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 would be 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. Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 8. Additionally, the applicant’s request to remove a flagging action is not within the purview of this Board, as such documents are a part of the official documents contained in a separation packet if it is included in the packet by the Soldier’s unit. 9. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. However, in light of the uncovered error recommend the Board administratively change block 27, reentry code to 3, as approved by the separation authority. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 8 May 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: Yes Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: 3 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) AR20140008398 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1