IN THE CASE OF: BOARD DATE: 14 July 2014 CASE NUMBER: AR20140008761 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony and considering the analyst’s 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 and a change to the narrative reason for separation. 2. The applicant states, in effect, during his enlistment he experienced undue stress, depression and anxiety; his chain of command were aware of it and refused to discharge him medically. He received a driving while under the influence (DUI) and no administrative action was taken; his unit continued to disregard his problems and deployed him to Kuwait. He had an alcohol problem and his chain of command did nothing to steer him in the right direction. He served almost four years, received numerous awards, had a combat tour and he was part of a three man crew that broke an eight year record for patriot spear evaluation. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 14 May 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 8 January 2014 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct , AR 635-200, Chapter 14 Paragraph 14-12b, JKA, RE-3 e. Unit of assignment: A Battery, 4-3rd Air Defense Artillery, 31st Air Defense Artillery Brigade, Fort Sill, OK f. Current Enlistment Date/Term: 26 April 2010, 5 years g. Current Enlistment Service: 3 years, 8 months, 13 days h. Total Service: 3 years, 8 months, 13 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 25N10, Nodal Network Systems Operator/Maintainer m. GT Score: 119 n. Education: HS Graduate o. Overseas Service: Korea/Southwest Asia p. Combat Service: Kuwait (121010-131007) q. Decorations/Awards: ARCOM, AAM-2, NDSM, GWOTEM, GWOTSM KDSM, ASR, OSR-2 r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 26 April 2010, for a period of 5 years. He was 23 years old at the time of entry and a HS Graduate. He was trained in and awarded military occupational specialty (MOS) 25N10, Nodal Network Systems Operator/Maintainer. His record also shows he served a combat tour, earned several awards including an ARCOM and AAM-2; he achieved the rank of SPC/E-4. He was serving at Fort Sill, OK when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 20 December 2013, 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 for the following offenses: a. receiving an Article 15 for failing to report on five separate occasions (120507), b. since being a rehabilitative transfer, has continued a trend of Article 86, Uniform Code of Military Justice (UCMJ) violations, and c. failing to report to formation; and being found intoxicated with a blood alcohol content of 0.13 during duty hours. 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 20 December 2013, the applicant waived legal counsel, was advised of the impact of the discharge action, 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 with a general, under honorable conditions discharge. 4. On 20 December 2013, 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 8 January 2014, 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 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 7 May 2012, for without authority, failed to go at the time prescribed to his appointed place of duty, x 5 (120418, 120413, 120329, 120323, 120206); the punishment consisted of reduction to E-3, forfeiture of $435 pay (suspended), extra duty for 14 days, restriction for 14 days (suspended), (CG). 2. He received fourteen negative counseling statements, dated between 6 February 2012 and 18 December 2013, for failing to report on numerous occasions, being drunk on duty, failing to return to work after lunch, and missing multiple formations. 3. A DA Form 3822 (Report of Mental Status Evaluation), dated 18 December 2013, indicated the applicant was diagnosed with a generalized anxiety disorder and deferred to medical. There was no evidence of mental defect, or psychiatric disorder of sufficient severity to warrant disposition through military medical channels. The applicant was mentally responsible, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participate intelligently in any administrative proceedings. The applicant was cleared for any administrative action deemed appropriate by command. 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. 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, patter 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. ANALYST’S DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge and a change of the narrative reason for separation was carefully considered. However, after examining his military records, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or a change to the narrative reason for separation. 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, and fourteen 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 requested a change to the narrative reason for separation. 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, paragraph 14-12b, for a pattern of misconduct. The regulation further stipulates that no deviation is authorized. 5. The applicant contends during his enlistment he experienced undue stress, depression and anxiety; his chain of command was aware of it and refused to discharge him medically. The record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army Community Services like the chaplain, Community Counseling Center, or other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 6. Further, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. 7. The applicant further contends he received a driving while under the influence (DUI) and no administrative action was taken; his unit continued to disregard his problems and deployed him to Kuwait. The command made an assessment of the applicant's potential for becoming a fully satisfactory Soldier. 8. The applicant did not subsequently conform to required standards of discipline and performance; the command appropriately determined the applicant did not demonstrate the potential for further military service. 9. Also, 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. 10. The applicant additionally contends he had an alcohol problem and his chain of command did nothing to steer him in the right direction. On 18 December 2013, the applicant underwent a mental status evaluation and was screened for substance abuse disorders; the applicant denied any abuse. 11. Moreover, if the applicant did not believe his condition was adequately addressed, AR 600-85, paragraph 3-8 entitled self-referrals, states the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance. 12. Furthermore, the applicant contends he served almost three years, received numerous awards, had a combat tour and he was part of a three man crew that broke an eight year record for patriot spear evaluation. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. However, this service was determined not to be sufficiently mitigating to overcome the reason for discharge and the characterization of service granted. 13. The records show the proper discharge and separation authority procedures were followed in this case. 14. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends to the Board to deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Personal Appearance Date: 14 July 2014 Location: Washington, DC Did the Applicant Testify: Yes Counsel: None Witnesses/Observers: None Board Vote: Character Change: 1 No Change: 4 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) AR20140008761 Page 7 of 7 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1