IN THE CASE OF: BOARD DATE: 1 July 2014 CASE NUMBER: AR20140008720 ___________________________________________________________________________ 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. 2. The applicant states, in effect, during his last year of enlistment, he suffered from Post Traumatic Stress Disorder (PTSD) due to four deployments. He has since sought treatment through the Veterans Administration (VA) and is currently in treatment for his issues. He states he is enrolled in a culinary arts school and would like his discharge upgraded upon his graduation in order to continue receiving help from the VA, have successful employment, and live a productive life. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 14 May 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 31 March 2010 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, Chapter 14-12b, JKA, RE-3 e. Unit of assignment: 40th Military Police Detachment, Fort Sill, OK f. Current Enlistment Date/Term: 28 February 2008/Indefinite g. Current Enlistment Service: 2 years, 1 month, 4 days h. Total Service: 15 years, 1 month, 29 days i. Time Lost: None j. Previous Discharges: DEP, 950203-950705, NA RA, 950706-971216, HD RA, 971217-030309, HD RA, 030310-040309, HD RA, 040310-080227, HD k. Highest Grade Achieved: E-6 l. Military Occupational Specialty: 92G30, Food Service Operations m. GT Score: 121 n. Education: HS Graduate o. Overseas Service: SWA, Korea p. Combat Service: Afghanistan, (011223-020712) Iraq, (030407-040406), (050124-051219) (060831-071114) q. Decorations/Awards: ARCOM-7, AAM-3, AGCM-4, NDSM-2, ACM-2CS, GWOTEM, GWOTSM, KDSM NPDR-2, ASR, OSR-4 r. Administrative Separation Board: Waived s. Performance Ratings: Yes t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 7 July 1995, for a period of 3 years. He reenlisted on 28 February 2008, for an indefinite period of time. He was 32 years old at the time of reenlistment and a high school graduate. He served in Iraq, Afghanistan, and Korea. He earned seven ARCOMs and three AAMs. He completed a total of 15 years, 1 month, and 29 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Sill, Oklahoma. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record shows that on 16 November 2009, 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 failure to pay just debts, driving under the influence (DUI), resisting apprehension, driving under suspension (DUS) x 2, domestic abuse, non-support of dependents, and bogus check writing. 2. The unit commander recommended an under other than honorable conditions discharge and advised the applicant of his rights. 3. On 24 November 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board, and did not 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 under other than honorable conditions discharge. 4. On 25 February 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and 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. The applicant’s chain of command reviewed the proposed action and recommended approval of the waiver and separation with a general, under honorable conditions discharge. 5. On 23 March 2012, 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. 6. The applicant was discharged from the Army on 31 March 2010, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for patterns of misconduct, a Separation Program Designator code (SPD) of JKA and an RE code of 3. 7. 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 January 2010, for disobeying a lawful order, to wit, a no contact order, dated 21 May 2009, and unlawfully striking Ms. B, by punching her multiple times in her face and mouth with his fist. The punishment consisted of a reduction to the grade of E-5 and forfeiture of $1,361 pay per month for two months (suspended) (FG). 2. A printout indicating the applicant has a county warrant for writing bogus checks and six previous charges of DUI, resisting a police officer, DUS, careless driving, no insurance, and domestic abuse (simple assault). 3. Two Lawton Police Department Uniform Incident/Offense Reports, dated 27 October 2009 and 4 November 2009, reflects the applicant was arrested for bogus check writing. 4. A Army Substance Abuse Program (ASAP) memorandum, dated 2 July 2009, reflects the applicant was command referred to ASAP on 20 April 2009, due to a DUI. 5. A memorandum, dated 14 July 2009, reflects the applicant met the criteria for alcohol abuse after being apprehended for an alcohol related domestic abuse incident. 6. A No Contact Order by CPT C, dated 21 May 2009, ordered the applicant to have no contact with Ms. B. 7. A General Officer Memorandum of Reprimand (GOMOR), dated 1 July 2009, reprimanded the applicant for DUI. 8. Four negative counseling statements, dated between 15 May 2009 and 28 October 2009, for substandard performance, indebtedness, ASAP enrollment, and DUS. 9. DA Form 3822-R (Report of Mental Status Evaluation), dated 26 February 2010, indicates the applicant was mentally responsible and had a clear and normal thought process. He was evaluated for both PTSD and Traumatic Brain Injury (TBI) with negative results. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 12 May 2014, and a DD 214 covering the period of service under review. POST-SERVICE ACTIVITY: The applicant states he is enrolled in a culinary arts school. 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 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 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 a FG Article 15, a GOMOR, and four 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 suffered from PTSD which contributed to his behavior. However, the service record contains no evidence of a PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. Further, the record shows that on 26 February 2010, the applicant underwent a mental status evaluation which indicates he was mentally responsible and had clear and normal thought content. 5. The applicant contends that since leaving the Army he has enrolled in a culinary arts school and would like an upgrade in order to obtain successful employment after graduation. However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that this accomplishment did not overcome the reason for discharge and characterization of service granted. Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 6. The records show the proper discharge and separation authority procedures were followed in this case. 7. 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: 1 July 2014 Location: Washington, DC Did the Applicant Testify? No Counsel: None 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: No Change Change RE Code to: No Change 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) AR20140008720 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1