IN THE CASE OF: Mr. BOARD DATE: 14 January 2015 CASE NUMBER: AR20140002774 ___________________________________________________________________________ Board Determination and Directed Action 1. 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 to be both proper and equitable and voted to deny relief. 2. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26 and 28, contain erroneous entries. 3. The Board directed the following administrative corrections and reissue of the applicant’s DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12b, b. block 26, separation code changed to JKA, c. block 28, narrative reason for separation changed to Patterns of Misconduct. 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 general, under honorable conditions discharge to honorable. 2. The applicant states, in effect, his discharge was inequitable because the incident was very minor and no charges were filed. He contends his discharge was improper because his chain of command did not follow the proper protocol. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 10 February 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 29 March 2012 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200, Chapter 14-12c, JKQ, RE-3 e. Unit of assignment: Alpha Troop, 2nd Battalion, 1st Cavalry Regiment, Joint Base Lewis-McChord, WA f. Current Enlistment Date/Term: 3 November 2010/3 years, 21 weeks g. Current Enlistment Service: 1 year, 4 months, 27 days h. Total Service: 1 year, 4 months, 27 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 19D10, Cavalry Scout m. GT Score: 98 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, ASR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 3 November 2010, for a period of 3 years and 21 weeks. He was 19 years old at the time of entry and a high school graduate. His record is void of any significant acts of valor and achievement. He completed 1 year, 4 months, and 27 days of active duty service. When his discharge proceedings were initiated, he was serving at Joint Base Lewis-McChord, WA. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 23 February 2012, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12b, for a pattern of misconduct. Specifically for failing to repot to his appointed place of duty on diverse occasions between 18 April 2011 and 9 November 2011, disobeying a direct order from a NCO on 27 June 2011, and making a false official statement on 3 June 2011. 2. Based on the above pattern of misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 5 March 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and elected to submit a statement in 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. On 15 March 2012, the separation authority waived further rehabilitation efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was separated on 29 March 2012, under Army Regulation 635-200, Chapter 14-12c, with a general, under honorable conditions discharge, an SPD code of JKQ, and an RE code of 3. 6. The applicant’s record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Article 15, dated 17 August 2011, for failing to go at the time prescribed to his appointed place of duty x 2 (110418 and 110627), disobeying a lawful order (110627), and making a false statement (110603). The punishment consisted of a reduction to the grade of E-1, 14 days of extra duty and restriction (suspended) (CG). 2. Article 15, dated 3 November 2011, for failing to go at the time prescribed to his appointed place of duty (110908). The punishment consisted of 14 days extra duty (CG). 3. Article 15, dated 2 December 2011, for failing to go at the time prescribed to his appointed place of duty x 2 (111101 and 111109). The punishment consisted of forfeiture of $733 pay per month for two months, 45 days of restriction (suspended), and 45 days of extra duty (FG). 4. Several negative counseling statements, dated between 4 April 2011 and 10 November 2011, for failing to be at his appointed place of duty at the time prescribed, insubordinate conduct toward a senior NCO, making a false official statement, lying to a commissioned officer, reporting late for extra duty, and disobeying an order or regulation. 5. DA Form 3822 (Report of Mental Status Evaluation), dated 22 November 2011, reflects the applicant had no obvious impairments, could understand the difference between right and wrong, and had a negative screening for Post Traumatic Stress Disorder and mild Traumatic Brain Injury. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 29 January 2014, a DD Form 214, and medical documents. POST-SERVICE ACTIVITY: The applicant did not provide any in support of his 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12b, patterns of misconduct. 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. However, the service record indicates that someone in the discharge process erroneously entered the reason for separation as misconduct (serious offense), authority as AR 635-200, paragraph 14-12c, and SPD code of JKQ. However, the separation authority approved the discharge under the provisions of AR 635-200, paragraph 14-12b, for a pattern of misconduct. 3. Therefore and as approved by the separation authority, the following administrative corrections are recommended: a. block 25, separation authority to AR 635-200, Chapter 14-12b b. block 26, separation code to JKA c. block 28, reason for separation to Patterns of Misconduct. 4. 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 pattern of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant’s record of service was marred by three Article 15s for multiple violations of the Uniform Code of Military Justice and several negative counseling statements. 5. 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. 6. The applicant claims the offenses that caused his discharge were minor in nature. However, the service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant’s numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. 7. The applicant further contends that his discharge was improper because his chain of command would not follow proper protocol. However, 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. 8. The records show the proper discharge and separation authority procedures were followed in this case. 9. Except for the modifications stated in paragraph 3, 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: 14 January 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: Yes Change Characterization to: No Change Change Reason to: Misconduct (Pattern of Misconduct) Change Authority for Separation: AR 635-200, Chapter 14, Paragraph 14-12b Change RE Code to: NA Grade Restoration to: NA Other: Change SPD to JKA 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) AR20140002774 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1