IN THE CASE OF: BOARD DATE: 9 February 2015 CASE NUMBER: AR20140018858 ___________________________________________________________________________ Board Determination and Directed Action 1. After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony, and notwithstanding the examiner’s Discussion Recommendation which follows, the Board determined that the characterization of service was too harsh based on the length and quality of the applicant’s service to include his combat service and as a result it is inequitable. 2. 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 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 of his discharge from general, under honorable conditions to honorable. 2. The applicant states, in effect, he was having problems with alcohol and used it to deal with his depression. Since being discharged he has not consumed alcohol because he understands the consequences of it. He deployed to Afghanistan and received numerous awards. He needs an honorable discharge to attend college and to make the process smoother for background checks in the criminal justice field. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 October 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 21 May 2014 d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200 Chapter 14, paragraph 14-12c, JKQ, RE-3 e. Unit of assignment: B Co, 1-501st Parachute Infantry Regiment, Joint Base Elmendorf-Richardson, AK f. Current Enlistment Date/Term: 16 March 2011, 3 years and 16 weeks g. Current Enlistment Service: 3 years, 2 months, 6 days h. Total Service: 3 years, 2 months, 6 days i. Lost time: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 11B1P, Infantryman m. GT Score: 104 n. Education: HS Graduate o. Overseas Service: Alaska/Southwest Asia p. Combat Service: Afghanistan (111207-121002) q. Decorations/Awards: ARCOM, NDSM, ACM-CS, GWOTSM, ASR OSR-2, NATO MDL, CIB r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 16 March 2011, for a period of 3 years and 16 weeks. He was 18 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 11B1P, Infantryman. His record shows he served a combat tour, earned an ARCOM; and he achieved the rank of SPC/E-4. He was serving at Joint Base Elmendorf-Richardson, AK, when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 14 February 2014, the unit commander (LTC, IN, Commanding) notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense, for operating a passenger vehicle while drunk. 2. Based on the above misconduct, the unit commander (LTC, IN, Commanding) recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. On 18 February 2014, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his own behalf. The unit commander (LTC, IN, Commanding) subsequently recommended separation from the Army and waiver of further rehabilitative efforts. 4. On 5 March 2014, 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 21 May 2014, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), with a Separation Program Designator code (SPD) of JKQ and a RE code of 3. 6. The applicant’s service record did not contain any evidence of unauthorized absences, time lost or actions under the Uniform Code of Military Justice (UCMJ). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A Military Police Report dated 16 January 2014, indicating the applicant was under investigation for drunken driving on post, failing to obey a general order with attached statements. 2. An Armed Forces Traffic Ticket dated 1 January 2014, indicating the applicant was charged with drunken operation of a motor vehicle. 3. An administrative General Officer Memorandum for Record (GOMOR), dated 13 March 2014, for driving under the influence of alcohol. 4. A memorandum for record, preliminary suspension of installation driving privileges, dated 11 January 2014, indicating the applicant’s on post driving privileges were suspended for two years pending final determination. 5. A State of Alaska, Division of Motor Vehicles, dated 11 January 2014, indicating the applicant driver’s license was revoked for refusing to submit to a breath test. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293. POST-SERVICE ACTIVITY: The applicant stated in his application he attended Central Texas College, and had a 3.2 grade point average. 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 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 (serious offense), the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant’s record of service was marred by a military police report, an armed forces traffic ticket, a GOMOR, a suspension of driving privileges, and his driver’s license being revoked. 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 contends he was having problems with alcohol and used it to deal with his depression. The record of evidence does not demonstrate he sought relief through his command or the numerous Army community services like the Chaplain, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 5. Further, the service record contains no evidence of a diagnosis of depression and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. 6. The applicant further contends since being discharged he has not consumed alcohol because he understands the consequences of it. The applicant is to be commended for his effort. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. 7. The applicant also contends he deployed to Afghanistan and received numerous awards. The applicant’s service accomplishments and the quality of his service including his combat tour, prior to the incident that caused the initiation of discharge proceeding were carefully considered. However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge under review. 8. The applicant additionally contends he needs an honorable discharge to attend college and to make the process smoother for background checks in the criminal justice field. 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. 9. Moreover, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 10. The records show the proper discharge and separation authority procedures were followed in this case. 11. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief. BOARD DETERMINATION AND DIRECTED ACTION: 1. After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony and notwithstanding the examiner’s Discussion Recommendation which follows, the Board determined that the characterization of service was too harsh based on the length and quality of the applicant’s service to include his combat service and as a result it is inequitable. 2. 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 both proper and equitable and voted not to change it. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Personal Appearance Date: 9 February 2015 Location: Washington, DC Did the Applicant Testify: Yes Counsel: None Witnesses/Observers: None 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 RE Code to: No Change Grade Restoration to: NA Change Authority for Separation: No Change 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) AR20140018858 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1