IN THE CASE OF: Mr. BOARD DATE: 28 January 2015 CASE NUMBER: AR20140003090 ___________________________________________________________________________ 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 that the characterization of service was too harsh based on the applicant’s length and quality of his service to include his four combat deployments and awards, which include two BSMs, a ARCOM-V, two ARCOMs, a ARCAM, and a CIB, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined the reason for discharge was 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 under other than honorable conditions discharge to honorable. 2. The applicant states, in effect, he joined the military at age 17 as a Civil Affairs Specialist. He then reclassified to be an infantryman and finally was a Special Forces Engineer Sergeant. He deployed on four combat tours and numerous other combat operations he can not disclose. He was severely injured but still wanted to serve and deploy with his unit. He states, over his nine year military career, he maintained an excellent military record and received numerous awards. He was a dedicated and honorable Soldier who always put the team and his job first. He states, he takes full responsibility for his actions, however, he believes the military board did not want to hear all the facts and let other accusations affect their decision. He contends, he was cleared by CID of any other military-related accusations that were brought up during his trial and has no criminal record. He admits to using anabolic steroids but feels his discharge was unfair and inequitable. He states, he ruined his life by his wrong decisions and have paid the consequences every day. He states, because of his discharge, he will not be able to receive any medical treatment or veteran benefits. Since his discharge, he has been employed as a personal trainer on Fort Bragg. He has trained wounded warrior and Soldiers preparing for future combat deployments. He still gives 100 percent to helping the force. He states his discharge has stained his life and he is unable to obtain a good paying job to provide for his family, get medical treatment, or look himself in the mirror and see anything but shame. He desires to restore his honor. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 14 February 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 20 November 2012 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200, Chapter 14-12c, JKQ, RE-3 e. Unit of assignment: A Company, 3rd Battalion, 3rd Special Forces Group (Airborne), Fort Bragg, NC f. Current Enlistment Date/Term: 17 April 2009/NIF g. Current Enlistment Service: 3 years, 7 months, 4 days h. Total Service: 9 years, 3 months, 23 days i. Time Lost: None j. Previous Discharges: USAR, 030728-040705, NA ADT, 040706-041216, HD USAR, 041217-050829, NA RA, 050830-090416, HD (Concurrent Service) k. Highest Grade Achieved: E-6 l. Military Occupational Specialty: 18C1P, SF Engineer Sergeant m. GT Score: 112 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Afghanistan, (071112-080510), (090301- 090630), (100112-100817), (110307-110703) q. Decorations/Awards: BSM-2, ARCOM-V, ARCOM-2, AGCM-2, ARCAM, ACM-2CS, GWOTSM, NOPDR-2, ASR, NATO MDL, CIB r. Administrative Separation Board: Yes (NIF) s. Performance Ratings: Yes t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Army Reserve (USAR) on 28 July 2003, for a period of 8 years. He was 17 years old at the time of entry and a high school graduate. He enlisted in the Regular Army on 30 August 2005, for 5 years and reenlisted on 17 April 2009, for a period not specified in the record. He served in Afghanistan and earned two BSMs, an ARCOM with V device, two ARCOMs, and a CIB. He completed 9 years, 3 months, 23 days of creditable military service. When his discharge proceedings were initiated, he was serving at Fort Bragg, NC. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 19 July 2012, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c, misconduct (serious offense). Specifically for assaulting his fiancé by grabbing her by the neck and chocking her on 13 December 2011, being arrested on 14 December 2011, for assault, possession and use of steroids, larceny of military property, possession of explosives, violating a no-contact order for which he received an Article 15 on 25 September 2009, and for missing accountability formation on 11 June 2012 and 12 June 2012. 2. Based on the above misconduct, the unit commander recommended an under other than honorable conditions discharge. 3. On 24 July 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement on his behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. 4. On 31 October 2012, the separation authority disapproved the conditional waiver request and directed the applicant’s discharge with a characterization of service of under other than honorable conditions and be reduced to the rank of Private/E-1. 5. The applicant was separated on 20 November 2012, under Army Regulation 635-200, Chapter 14-12c, with a under other than 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 8 May 2012, for wrongful possession of multiple pills and 1ml vials of steroids, wrongful appropriation of M81 shock tube initiators x 4, a M6 electric blasting cap, M60 igniters x 6, 20 feet of detonation cord, and wrongfully possessing and maintaining military grade explosives and materials at his private residence. The punishment consisted of a reduction to the grade of E-5, forfeiture of $1,422 pay per month for two months (suspended), and 45 days of extra duty and restriction (suspended) (FG). 2. A CID Investigative Report, dated 14 December 2011, reflects the applicant was the subject of an investigation for wrongful possession of drugs (steroids), misdemeanor assaults and batteries, and larceny of government property. 3. Five NCOERs covering the period of 18 May 2007 through 1 October 2011. The applicant was rated as “Among the Best” on three reports and “Fully Capable” on the remaining two evaluations. His senior raters assessed him as a “1/1” on three reports, a “2/1” on one report and there was no box check on the remaining report due to lack of senior rater qualifications. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, dated 7 January 2014, a two DD Forms 214, and a self-authored statement, dated 15 January 2014. POST-SERVICE ACTIVITY: The applicant states he has been employed as a personal trainer since his discharge. He continues to assist wounded warriors and prepare Soldiers for future deployments. 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. 2. After examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to general, under honorable conditions due to the applicant’s length and quality of service: The applicant served honorably for 8 years, 11 months, and 22 days of a military career spanning 9 years, 3 months, and 23 days, served in four combat deployments and received several awards, specifically two BSMs, an ARCOM-V, two ARCOMs, an ARCAM, and a CIB. 3. This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct. The evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result inequitable. 4. In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 28 January 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 3 No Change: 2 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: General, Under Honorable Conditions 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) AR20140003090 Page 5 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1