IN THE CASE OF: Mr. BOARD DATE: 3 December 2014 CASE NUMBER: AR20140015515 ___________________________________________________________________________ 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 discharge characterization from general, under honorable conditions to honorable. 2. The applicant states, in effect, that he would like to upgrade to honorable for work and school. He has not been in trouble since his discharge. He has been diagnosed with PTSD and has been receiving counseling. He believes this is the reason for his misconduct. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 September 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 23 September 2005 d. Reason/Authority/SPD/RE: Pattern of Misconduct, Chapter 14, paragraph 14-12b, JKA, RE-3 e. Unit of assignment: HHC, Special Troops Battalion, 4th Infantry Division (Mechanized), Fort Hood, TX f. Current Enlistment Date/Term: 2 April 2004, 6 years g. Current Enlistment Service: 1 year, 5 months, 22 days h. Total Service: 3 years, 7 months, 18 days i. Time Lost: 48 days ( j. Previous Discharges: RA (020206-040401), HD (Concurrent Service) k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 63B10, Wheeled Vehicle Mechanic m. GT Score: 99 n. Education: GED o. Overseas Service: SWA p. Combat Service: Iraq (030326-040418) q. Decorations/Awards: ARCOM, NDSM, ICM, GWOTSM, ASR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant's record shows he enlisted in the Regular Army on 6 February 2002, for a period of 3 years. He was 20 years old at the time and had a high school equivalency (GED). He reenlisted on 2 April 2004, for a period of 6 years. He was serving at Fort Hood, TX, when his discharge was initiated. His record shows he was awarded an ARCOM and served a combat tour in Iraq. SEPARATION FACTS AND CIRCUMSTANCES: 1. On an unknown date, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of a pattern of misconduct; specifically for on 22 May 2005, the applicant was arrested for driving while intoxicated (DWI) in Killeen, Texas. As a result of this DWI offense he violated the terms of his probation from the State of Florida in which he received on 29 September 2004, for the offense of discharging a fire arm from a vehicle. On 30 August 2004, he was arrested in Clay County Florida for the offense of discharging a fire arm from a vehicle. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and informed the applicant of his rights. 3. On an unknown date, the applicant waived consulting with 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 of a general, under honorable conditions discharge. 4. On 31 August 2005, 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 separated on 23 September 2005, under Army Regulation 635-200, Chapter 14-12b (pattern of misconduct), with a general, under honorable conditions discharge, an SPD code of JKA and an RE code of 3. 6. The applicant’s record shows lost time (050705-050821), for civilian confinement. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A court order from the State of Florida to include the applicant’s probation instruction. 2. A Serious Incident Report, dated 5 May 2005, and Civilian Police Arrest Record and traffic citation, for the applicant receiving the DWI. 3. A negative counseling statements dated 7 July 2005, for DWI. 4. Two DA Forms 4187 dated 5 July 2005 and 22 August 2005, changing the applicant’s duty status from present for duty to civilian confinement and civilian confinement back to present for duty. 5. Notice of suspension of temporary driving permit, dated 22 May 2005. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant submitted a DD Form 293, DD Form 214, and two character reference letters. POST-SERVICE ACTIVITY: The applicant contends he is receiving treatment for PTSD through the VA. 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 his military records and the issues submitted with the application, there are insufficient factors to merit an upgrade of the applicant's discharge. 2. 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 repeated incidents of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant’s service was marred by two civilian arrests for discharging a fire arm in his vehicle and DWI. 3. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance. 4. The applicant has expressed his desire to have job opportunities and the benefits of the GI Bill. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, 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 applicant contends that he has not been in any trouble since his discharge; however, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges based on the time that has elapsed. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. 6. The applicant contends he has been diagnosed with PTSD and has been receiving counseling. He believes this is the reason for his misconduct. The applicant’s contention is noted; however, the service record contains no evidence of a Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. 7. The applicant’s post-service accomplishments have been noted as outlined in the two character reference letters. However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted. 8. The record contains no evidence of arbitrary or capricious actions by the applicant’s command, all requirements of law and regulation were met, and his rights were fully protected throughout the separation process. 9. Records show the proper discharge and separation authority procedures were followed in this case. 10. 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: 3 December 2014 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: No Change Characterization to: No Change 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) AR20140015515 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1