IN THE CASE OF: Mr. BOARD DATE: 29 October 2014 CASE NUMBER: AR20140011996 ___________________________________________________________________________ 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 characterization of service was too harsh based on the overall length and quality of the applicant's service, to include his combat service, the minor nature of the offenses, and as a result it is inequitable. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was both proper and equitable and voted not to change it. 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 to his general, under honorable conditions discharge to honorable. 2. The applicant states, in effect, he has made great social and intellectual improvements and has contributed to the community. The applicant contends he would like to use the education and vocational benefits offered by the Department of Veterans Affairs (VA). DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 July 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 23 May 2013 d. Reason/Authority/SPD/RE Code: Unsatisfactory Performance, AR 635-200, Chapter 13, JHJ, RE-3 e. Unit of assignment: A Company, 2d Battalion, 325th Airborne Infantry Regiment, 2d Brigade Combat Team, 82d Airborne Division, Fort Bragg, NC f. Current Enlistment Date/Term: 7 January 2009/5 years, 17 weeks g. Current Enlistment Service: 4 years, 3 months, 25 days h. Total Service: 4 years, 3 months, 25 days i. Time Lost: None j. Previous Discharges: DEP, 080808-090106, N/A k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: 116 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Iraq (110531-111219) q. Decorations/Awards: ARCOM, AGCM, NDSM, GWOTSM, HSM, ICM-CS, ASR r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 7 January 2009 for a period of 5 years, 17 weeks. He was 20 years old at the time of entry and a high school graduate. He served in Iraq, earned an ARCOM, and completed 4 years, 3 months, and 25 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Bragg, North Carolina. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record shows that on 2 April 2013, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance specifically for: a. unacceptable actions as the company armorer, unmotivated and disrespectful; b. unsatisfactory performance during JRTC; and c. failure to train to standards during squad STX on Range 75. 2. The unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. On 2 April 2013, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted 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 4 April 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 3 May 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: Discharge Order Number 106-0264, dated 16 April 2013, Department of the Army, Headquarters, United States Army Garrison, Fort Bragg, North Carolina 28310-5000, discharged the applicant from the Regular Army, effective 3 May 2013. EVIDENCE SUBMITTED BY THE APPLICANT: 1. The applicant provided a DD Form 293, dated 1 May 2014, and a DD Form 214 covering the period of service under review. 2. Self-authored statement that outlines the applicant’s goals to attain a higher education, in the pursuit of professional excellence, to become a licensed clinical social worker for North Carolina. The applicant states his past experience with the Haiti relief efforts and his work with the Iraqi Army and Iraqi Police helped him put his priorities into perspective – to give back to the community. Since his separation from the Army, the applicant has worked as a personal trainer and is in the process of becoming a guardian ad litem for the Johnston County Courthouse in Smithfield. The applicant’s contributions in the community, through mentoring youth, have been self-fulfilling. The applicant’s goals to attain his license require higher education; therefore, he is attempting to obtain financial assistance through the VA. 3. Wake Tech, Office of the President, dated 20 May 2014, states the applicant has a 4.0 grade-point average for the Spring 2014 semester, which qualifies him for the Wake Tech President’s List. POST-SERVICE ACTIVITY: The applicant provided the following documents to reflect his accomplishments since his discharge from the Regular Army: a. International Sports Sciences Association (ISSA), dated 11 July 2012, successfully attained certification to become a Certified Fitness Trainer; b. Certificates of Completion in Word 2013, Excel 2013, and PowerPoint 2007 from GCFLearnFree.org. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. 2. Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases. 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, the documents and the 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. The record lacks evidence the applicant was formally notified of his deficiencies as outlined in AR 635-200, paragraph 1-16b. The absence of a DA Form 4856 (General Counseling Form) indicates the probability that the applicant was not informed of his deficiencies; therefore, the applicant was unaware of the necessary adjustments to his performance in order to correct his deficiencies. b. Lack of evidence that reflects rehabilitative efforts were administered prior to initiation of separation proceedings as outlined in AR 635-200, paragraph 1-16c. Although rehabilitative transfer requirements may be waived by the separation authority in some circumstances, as stated in AR 635-200, paragraph 1-16d(2), it does not appear the applicant’s status was applicable to any of the circumstances listed. c. The applicant completed six months of combat service in Iraq. 3. This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of unsatisfactory performance. The evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result it is inequitable. 4. The applicant contends he would like to use the education and vocational benefits offered by the Department of Veterans Affairs (VA). However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 5. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character. 6. The record shows the proper discharge and separation authority procedures were followed in this case. 7. In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant full 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. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 29 October 2014 Location: Washington, DC Did the Applicant Testify? No 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: 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) AR20140011996 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1