IN THE CASE OF: BOARD DATE: 5 May 2014 CASE NUMBER: AR20140000418 ___________________________________________________________________________ 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 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 his chapter was based on circumstances which could’ve been handled by his chain of command. His command found it easier just to get rid of him than fix the problems. He had numerous problems with his child, who needed medical attention, and a new marriage. These situations led to extreme financial hardship, financial counselings, being late for work, receiving Articles 15, his wife calling or emailing his chain of command and NCO support channel, and several medical episodes. He served honorably three times in Iraq and was a good Soldier. The Army has failed him in numerous ways, not to mention humiliated him in front of his peers. He had a separation board in which uninvolved leaders heard his situation. The chain of command convinced the board members that he was a horrible Soldier, when he just was trying to work through his issues. Since he went above and beyond the call of duty on his deployments, he is now suffering excessive and constant back pain. He is entitled to his Montgomery GI Bill, VA Scholarships, VA Loans, etc. Since he only received a general under honorable conditions discharge, he only qualifies for 60% of his educational benefits since his last re-enlistment states he completed one term honorably. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 23 December 2013 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 17 September 2013 d. Reason/Authority/SPD/RE: Pattern of Misconduct, Chapter 14, paragraph 14-12b JKA, RE-3 e. Unit of assignment: Maintenance Troop, Regimental Support Squadron 3d Cavalry Regiment, Fort Hood, TX f. Current Enlistment Date/Term: 5 December 2008, 6 years g. Current Enlistment Service: 4 years, 9 months, 14 days h. Total Service: 8 years, 8 months, 10 days i. Time Lost: 1 day j. Previous Discharges: RA (020517-050302), GD (Break in Service) RA (071024-081204), HD (Concurrent Service) k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 91M10, Bradley Fighting Vehicle System Maintainer m. GT Score: 88 n. Education: GED o. Overseas Service: SWA x 3 p. Combat Service: Iraq (030315-040314, 071215-090119, 100824- 110812) q. Decorations/Awards: ARCOM-2, AGCM-2, NDSM, ICM-w/CS-3, GWOTEM GWOTSM, ASR, OSR-3 r. Administrative Separation Board: Yes, NIF s. Performance Ratings: None t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant's record shows he enlisted in the Regular Army on 17 May 2002, for a period of three years and received a general, under honorable conditions discharge after serving 34 of his 36 month enlistment. He was 23 years old at the time and had a GED. He had a break in service and rejoined on 24 October 2007, for three years. He reenlisted again on 5 December 2008, for a period of six years. When his discharge proceeding were initiated he was serving at Fort Hood, TX. He served for a total of 8 years, 8 months, and 10 days of active duty service, was awarded two ARCOMs, two AGCMs, and served three combat tours in Iraq. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s record is void of the complete facts and circumstances concerning the events which led to the discharge from the Army. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature. He was discharged as a PVT/E-3. The record only contains the separation authority’s decision memorandum. 2. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12b, for pattern of misconduct, with a characterization of service of general, under honorable conditions. The DD Form 214 shows a Separation Program Designator (SPD) code of JKQ and a reentry (RE) code of 3. 3. The applicant’s record shows one day lost time for AWOL. 4. On 24 August 2013, the separation authority, waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions under the provisions of AR 635-200, paragraph 14-12b, for a pattern of misconduct. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD 1. Two DA Forms 4187, dated 19 March 2013 (AWOL) and 20 March 2013 (present for duty), showing the applicant was AWOL for one day. The DD Form 214, does not show this period of lost time. 2. There are no counseling statements or UCMJ actions in the record. EVIDENCE SUBMITTED BY THE APPLICANT The applicant provided an online application, DD Form 214, and a self-authored statement. 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. 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, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The applicant’s record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. The record also contains the separation authority’s decision memorandum. These documents identify the reason and characterization of the discharge and the presumption of government regularity shall prevail in the discharge process. 3. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12b by reason of pattern of misconduct, with a characterization of service of general, under honorable conditions. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 4. The applicant's contentions of his chapter being based on circumstances which could’ve been handled by his chain of command, having numerous problems with his child, who needed medical attention, extreme financial hardship, honorably served three times in Iraq, was a good Soldier, and the separation board had uninvolved leaders were carefully considered. However, it is not possible to determine if these contentions have merit because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant to provide the appropriate documents or other evidence (i.e. discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. 5. The applicant has expressed his desire to use his GI Bill and be eligible for his VA benefits. 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. 6. Therefore, based on the available evidence and the government presumption of regularity, it appears the reason for discharge and the characterization of service were both proper and equitable, thus recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Personal Appearance Date: 5 May 2014 Location: Washington, DC Did the Applicant Testify? Yes Counsel: Yes Witnesses/Observers: Yes DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE 1. The applicant submitted the following additional documents: Hospitalization Records In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. 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 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) AR20140000418 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1