IN THE CASE OF: Mr. BOARD DATE: 18 March 2015 CASE NUMBER: AR20140020807 ___________________________________________________________________________ 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 uncharacterized discharge to general, under honorable conditions. In addition, the applicant requests a change to his reentry code. 2. The applicant states, in effect, the actions that led to his discharge were wrong, but he had just turned 18, immature, unaware of how serious the Army was, and that he came from a place with bad habits. The applicant contends a change to his reentry code will allow him to rejoin the Army with a waiver. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 1 December 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 11 April 2013 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200, Chapter 14-12c, JKQ, RE-4 e. Unit of assignment: Charlie Company, 1st Battalion, 81st Armor Regiment, Fort Benning, GA f. Current Enlistment Date/Term: 13 November 2012/3 years, 20 weeks g. Current Enlistment Service: 4 months, 29 days h. Total Service: 4 months, 29 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: 103 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM 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 Regular Army on 13 November 2012 for a period of 3 years and 20 weeks. He was 18 years old at the time of entry and a high school graduate. He completed 4 months and 29 days of active duty service. At the time his discharge proceedings were initiated, he was serving at Fort Benning, Georgia. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 21 March 2013, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 14-12c, by reason misconduct (serious offense). Specifically for unlawfully entering the storage room of the company and stealing Meals Ready to Eat (MREs). 2. Based on the above misconduct, the unit commander recommended an uncharacterized discharge. 3. On 21 March 2013, the applicant waived his right to consult 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 uncharacterized discharge. 4. On 3 April 2013, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of uncharacterized. 5. The applicant was discharged from the Army on 11 April 2013, with a characterization of service of uncharacterized under the provisions of AR 635-200, Chapter 14-12c, for misconduct (serious offense), a Separation Program Designator code (SPD) of JKQ, and an RE code of 4. 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. An Article 15, dated 6 March 2013, for unlawfully entering a room with intent to commit a criminal offense (130129) and stole MREs of a value of (about) $100 (130129). The punishment consisted of forfeiture of $327.00 pay (CG). 2. Five negative counseling statements, dated between 1 February 2013 and 19 February 2013, for larceny and wrongful appropriation, failure to shave, disrespecting a Soldier, and initiation of separation proceedings. 3. Standard Form 600 (Chronological Record of Medical Care), dated 19 February 2013, reflects applicant was seen for mental health screening for administrative separation. Applicant was found to be psychologically cleared for any administrative actions deemed by command. EVIDENCE SUBMITTED BY THE APPLICANT: 1. The applicant provided a DD Form 293, dated 30 October 2014, and a DD Form 214 covering the period of service under review; and a copy of his discharge packet. 2. Letter, dated 24 November 2014, written by the applicant’s mother, Mrs. S. In the letter, Mrs. S states her concern for her son’s well-being and his future. Mrs. S requests the board have mercy on her son and allow him the opportunity to right his wrongs and become the Soldier she knows he can be. POST-SERVICE ACTIVITY: None 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. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense). 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 4. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge and reentry code was carefully considered. However, after examining the applicant’s record of service, his military records, the documents 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. Furthermore, the applicant was in entry level status (ELS) at the time the unit commander initiated separation action under the provisions of AR 635-200. A Soldier is in entry-level status for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier with a probationary period. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. 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 young and immature at the time of the 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 desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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: 18 March 2015 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) AR20140020807 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1