IN THE CASE OF: BOARD DATE: 12 January 2015 CASE NUMBER: AR20140016047 ___________________________________________________________________________ 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 notwithstanding the Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh based on the applicant’s testimony and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was 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 to upgrade the characterization of his service from general, under honorable conditions to fully honorable, and to change the narrative reason for his discharge. 2. The applicant states, in effect, during his service, he was immature. He has since served as a state correctional officer and is currently serving as a city correctional officer. He hopes his lack of maturity does not hinder his future opportunities. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 12 September 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 20 January 2009 d. Reason/Authority/SPD/RE Code: Unsatisfactory Performance, AR 635-200, Chapter 13 JHJ, RE-3 e. Unit of assignment: Fitness Training Company, 120th AG Bn (Reception) Fort Jackson, SC f. Current Enlistment Date/Term: 26 February 2008, 3 years, 25 weeks g. Current Enlistment Service: 10 months, 25 days h. Total Service: 10 months, 25 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: None m. GT Score: 101 n. Education: 11 years o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: Yes SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 26 February 2008, for a period of 3 years and 25 weeks. He was 17 years old at the time of entry and had completed 11 years of education. His record documents no acts of valor or significant achievement. He completed 10 months and 25 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record shows that on 16 December 2008, 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 lacking the necessary motivation, adaptability, self-discipline, ability, or attitude to becoming a productive Soldier; continually failing APFTs; and disobeying and being disrespectful to NCOs. 2. The unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. On 16 December 2008, the applicant waived his right to consult with legal counsel, indicated he understood the impact of the discharge action, and elected to submit a statement on his behalf (DD Form 293). 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 13 January 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. The applicant was not transferred to the U.S. Army Reserve Control Group. 5. The applicant was discharged from the Army on 20 January 2009, 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. Summarized Article 15, dated 31 July 20083, for leaving place of duty without proper authority (080731). The punishment consisted of 14 days of extra duty and restriction of which 9 days of extra duty and restriction were suspended (CG). 2. Ten negative counseling statements, dated between 19 August 2008 and 14 November 2008, for disobeying a regulation; disrespecting an NCO; failing to follow instructions; not adhering to the Army Core Values; not grasping the process of being a Soldier; for being processed for an involuntary separation; being in an improper uniform; disobeying an order; having a contraband item; and failing a record APFT. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a self-authored statement; completion of training certificate, dated 23 February 2012; memorandum of recognition, dated 26 March 2013; and a character reference letter, dated 3 July 2013. POST-SERVICE ACTIVITY: The applicant provided none. 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. However, after examining the applicant’s record of service, his military records, and the documents and 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. By the unsatisfactory performance, the applicant diminished the quality of his service below that meriting an honorable characterization of service. 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 he was young and immature during his service which led to his discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 5. The applicant contends that since leaving the Army he has been employed continuously as a correctional officer. The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application. 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. Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 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: Personal Appearance Date: 12 January 2015 Location: Washington, DC Did the Applicant Testify? Yes Counsel: None Witnesses/Observers: Yes (spouse) DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted no additional documents. 2. The applicant presented no additional contentions. In addition to the evidence in the record, the Board carefully testimony presented by the applicant at the personal appearance hearing. 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: 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) AR20140016047 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1