IN THE CASE OF: BOARD DATE: 19 June 2015 CASE NUMBER: AR20140009488 ___________________________________________________________________________ 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 applicant’s characterization of service was improper. The evidence of record shows the applicant was not properly notified as to the specific reasons for which he would not get an honorable characterization of service as required by paragraph 5-1b, AR 635-200. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to honorable. However, the Board found the narrative reason for separation to be both proper and equitable and voted not to change it. 2. Additionally, the Board found the applicant’s DD Form 214, block 25 contained an erroneous entry and directed that the block 25 be changed to read AR 635-200, Paragraph 6-3b, as approved by the separation authority. 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 characterization of service to honorable and the reentry eligibility (RE) code changed to 1. 2. The applicant states, in effect, he applied for a hardship discharge and to his surprise he was issued a general, under honorable conditions characterization of service. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 29 May 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 26 August 2013 d. Reason/Authority/SPD/RE Code: Hardship, AR 635-200, Paragraph 6-3a, KDB, RE-3 e. Unit of assignment: Bravo Company, 717th Military Intelligence Battalion, Fort Sam Houston, TX f. Current Enlistment Date/Term: 1 November 2010/5 years g. Current Enlistment Service: 2 years, 9 months, 26 days h. Total Service: 2 years, 9 months, 26 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 35P1L, Cryptologic Linguist m. GT Score: 106 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: AAM, NDSM GWOTSM, ASR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 1 November 2010, for a period of 5 years. He was 29 years old at the time of entry and a high school graduate. His record is void of any significant awards of valor and achievement; however, he completed 2 years, 9 months, and 26 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Sam Houston, TX. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 22 July 2013, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 6, paragraph 6-3a, AR 635-200, by reason of hardship, with a general, under honorable conditions discharge. The applicant was advised of his rights. 2. The record also shows that 28 June 2013, the applicant requested a hardship discharge due to his family needing his proximate aid and support. 3. On 25 July 2013, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf. 4. On 9 August 2013, the separation authority directed the applicant’s discharge from active duty with a characterization of service of general, under honorable conditions. 5. The applicant was discharged from the Army on 26 August 2013 with a characterization of service of general, under honorable conditions. 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. DA Form 4187 (Personnel Action), dated 28 June 2013, reflects the applicant’s request for a hardship discharge. 2. Two self-authored statements, dated 8 April 2013 and 19 June 2013, reflects the applicant’s formal request for a hardship discharge. 3. DA Form 4126-R (Bar to Reenlistment Certificate), dated 27 February 2013, for failing a record APFT and enrollment in the Army Weight Control Program. 4. Several negative counseling statements, dated between 20 September 2011 and 17 June 2013, for being barred from reenlistment, late to formation on several occasions, failing to attend a uniform inspection, failing to report for duty, failing to meet deadlines, driving while intoxicated, and being out of ranks on several occasions. 5. A GOMOR, dated 30 October 2011, for driving while intoxicated. 6. A Incident Report Summary, dated 21 September 2011, reflects the applicant was the subject of an investigation for driving under the influence and failure to obey traffic signals, signs, or traffic instructions from an official. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, dated 23 May 2014, a DD Form 214, a self-authored statement, dated 8 April 2013, Orders Number A-163-01, dated 12 June 2013, Orders Number A-148-0001, dated 28 May 2013, Orders Number A-137-0001, dated 17 May 2013, Orders Number A-129-0001, dated 9 May 2013, a personnel data printout, dated 28 May 2013, and a DA Form 31, dated 2 May 2013. POST-SERVICE ACTIVITY: The applicant did not provide any in support of his application. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 6-3 provides that a Soldier on active duty may be discharged or released because of genuine dependency or hardship. Paragraph 6-3b stipulates that a hardship exists when in circumstances not involving death or disability of a member of the Soldier’s (or spouse) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship. 2. Army Regulation 635-200, paragraph 6-11 provides that a Soldier in an entry-level status, service will be described as uncharacterized. If a Soldier is beyond entry-level status, service will be characterized as honorable or under honorable conditions as set forth in Chapter 3, section II. Before service is characterized as under honorable conditions, the Soldier will be notified of the specific factors in the service record that warrant such characterization. The notification procedure will be used. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. 2. After a careful review of all the applicant’s military records for the period of service under review and the issue, and documents submitted with the application, it appears that the characterization of service was improper. 3. Army Regulation 635-200, Chapter 6, paragraph 6-11c, states that no Soldier will be awarded a character of service of general, under honorable conditions under this Chapter unless the Soldier is notified of the specific factors in the service record that warrants such a characterization, using the notification procedure. The record confirms that the applicant was not properly notified as to these factors. 4. Additionally, the Board found that someone in the discharge process erroneously entered on the applicant’s DD Form 214, block 25, separation authority as AR 635-200, paragraph 6-2a. Therefore, as approved by the separation authority, recommend the following administrative correction to block 25 to read AR 635-200, paragraph 6-3b. 5. The records show the proper discharge and separation authority procedures were not followed in this case. 6. Therefore, the characterization of service being improper and except for the modification above, recommend the Board grant relief in the form of an upgrade of the applicant's characterization of service to honorable. However, the reason for discharge was found to be proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 19 June 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 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: Honorable Change Reason to: No Change Change Authority for Separation: AR 635-200, Paragraph 6-3b 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) AR20140009488 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1