IN THE CASE OF: Mr. BOARD DATE: 3 December 2014 CASE NUMBER: AR20140001113 ___________________________________________________________________________ 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 discharge from general, under honorable conditions to honorable. 2. The applicant states, in effect, that an upgrade of his discharge would allow him to be able to afford school and to find better employment. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 9 January 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 21 July 2009 d. Reason/Authority/SPD/RE: Pattern of Misconduct, AR 635-200, Chapter 14 Paragraph 14-12b, JKA, RE-3 e. Unit of assignment: C Trp, 6th Bn, 4th Cav, Fort Hood, TX f. Current Enlistment Date/Term: 31 August 2006, 3 years and 21 weeks g. Current Enlistment Service: 2 years, 10 months, 21 days h. Total Service: 2 years, 10 months, 21 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 92Y10, Unit Supply Specialist m. GT Score: 108 n. Education: GED o. Overseas Service: Southwest Asia p. Combat Service: Afghanistan (080603-090614) q. Decorations/Awards: ACM-w/CS, NDSM, GWOTSM, ASR, OSR NATO MDL r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 31 August 2006, for a period of 3 years and 21 weeks. He was 21 years old at the time of entry and had a high school equivalency (GED). His record indicates he served a period of combat in Afghanistan. He was serving at Fort Hood, TX when his discharge was initiated. The record does not contain any evidence of acts of valor or meritorious achievements. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 5 March 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of a pattern of misconduct. Specifically for the following offenses: a. failing to go at the time prescribed to his appointed place of duty x 2 (080305 and 080830), b. showing disrespect to a noncommissioned officer (080713), c. behaving with disrespect to a commissioned officer x 2 (080719 and 090111), and d. sleeping on his guard post (080916). 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and indicated he would submit a statement on his own behalf (NIF). 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. 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 July 2009, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, with a Separation Program Designator code (SPD) of JKA and an RE code of 3. 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. Article 15, imposed on 14 March 2008, for failure to go at the time prescribed to his appointed place of duty (080305). Punishment consisted of reduction to E-2 (suspended), forfeiture of $352.00 pay, extra duty for 14 days, and restriction for 14 days (suspended). The document makes reference to a continuation sheet; however, the continuation sheet was not found in the record. 2. Article 15, imposed on 13 September 2008, for failure to go at the time prescribed to his appointed place of duty (080830), disrespect towards a commissioned officer (080719), treated with contempt a noncommissioned officer (080713), and derelict in the performance of his duties (080830). Punishment consisted of forfeiture of $314.00 pay, and extra duty for 14 days (CG). 3. Article 15, imposed on 26 September 2008, for failure to go at the time prescribed to his appointed place of duty (080917) and sleeping on his guard post (080916). Punishment received was not noted on the document (FG). 4. Bar to Reenlistment Certificate which was approved on 20 October 2008. 5. Seven negative counseling statements dated between 13 September 2008 and 5 April 2009, falling asleep on guard duty, failing to follow instructions, leaving his guard post without being properly relieved, failing to perform his duties, failing to report for duty, and notification he was receiving a bar to reenlistment for being an un-trainable Soldier. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, and a copy of his DD Form 214 for 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, 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. By the misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge. The applicant’s record of service was marred by three Articles 15 for multiple violations of the Uniform Code of Military Justice and several negative counseling statements. 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 expressed his desire for an upgrade of his discharge for the purpose of being able to afford school and to find better employment. 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. 5. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with his overall service record. 6. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends 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) AR20140001113 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1