IN THE CASE OF: Mr. BOARD DATE: 3 December 2014 CASE NUMBER: AR20140015661 ___________________________________________________________________________ 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, he was mistreated by his unit. The applicant further contends he has been in school and would like to use his G.I. Bill and all the benefits that he earned. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 29 August 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 30 October 2012 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200, Chapter 14-12c, JKQ, RE-3 e. Unit of assignment: 1st Battalion, 23rd Infantry Regiment (Rear) (Provisional), 2d Infantry Division, Joint Base Lewis-McChord, Washington f. Current Enlistment Date/Term: 30 July 2009/3 years g. Current Enlistment Service: 2 years, 11 months, 26 days h. Total Service: 6 years, 4 months, 9 days i. Time Lost: 91 days j. Previous Discharges: ARNG, 061122-071114, N/A IADT, 071115-080314, HD ARNG, 080315-090729, HD (concurrent service) k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: 95 n. Education: GED o. Overseas Service: Korea p. Combat Service: None q. Decorations/Awards: AAM, NDSM, GWOTSM, KDSM, ASR, OSR r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Army National Guard on 22 November 2006, for eight years. He was 17 years old at the time and a high school graduate. He enlisted in the Regular Army on 30 July 2009, for a period of 3 years. He was 20 years old at the time of entry and a high school graduate. He served in Korea and earned an AAM. When his discharge proceedings were initiated, he was serving at Joint Base Lewis-McChord, Washington. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 13 September 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason misconduct (serious offense). Specifically for being AWOL on multiple occasions. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 13 September 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action and elected not to submit a statement on his own 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 an unknown date, the separation authority reviewed both the administrative separation packet and the medical evaluation board proceedings and determined that the applicant’s medical condition was not a direct or substantial contributing cause of the conduct that led to the recommendation for administrative separation. Therefore, the separation authority determined that there were no other circumstances that would warrant disability processing instead of further processing for administrative separation. Thus, 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 30 October 2012, with a characterization of service of general, under honorable conditions under the provisions of AR 635-200, Chapter 14-12c, for misconduct, a Separation Program Designator code (SPD) of JKQ and an RE code of 3. 6. The applicant’s record of service indicates 91 days of time lost for being AWOL (110904-110912, 120425-120501, 120601-120611, 120716-120813, 121026-121029) and confined (111128-120103). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. An Article 15, dated 28 June 2011, failure to go at the time prescribed to his appointed place of duty (110531). The punishment consisted of 7 days of extra duty (CG). 2. An Article 15, dated 14 August 2012, failure to go at the time prescribed to his appointed place of duty (120509). The punishment consisted of forfeiture of $347.00 pay per month for one month, 14 days of extra duty and restriction (CG). 3. Two negative counseling statements dated 1 June 2011 and 9 May 2012, for missing formations and disobeying a lawful order. 4. DA Form 3822 (Report of Mental Status Evaluation), dated 15 August 2012, reflects that the applicant had a clear and normal thought process and was mentally responsible. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 26 August 2014, and a DD Form 214 covering the period of service under review. POST-SERVICE ACTIVITY: None were provided with the 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. 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 issues 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 misconduct, the applicant diminished the quality his service below that meriting a general or a fully honorable discharge. The applicant’s record of service was marred by two Articles 15 for multiple violations of the Uniform Code of Military Justice. 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 that he was mistreated by members of his chain of command; however, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. Accordingly, this argument is not sufficient to support his request for an upgrade of his discharge. 5. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. 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. 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: 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) AR20140015661 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1