IN THE CASE OF: Mr. BOARD DATE: 22 April 2015 CASE NUMBER: AR20140003124 ___________________________________________________________________________ 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 to upgrade the characterization of his service from general, under honorable conditions to fully honorable, and to change the narrative reason for his discharge. 2. The applicant states, in pertinent part and in effect, his discharge is now inequitable because he regrets his decision and realizes he made a colossal mistake by going AWOL. He was an immature young man and had not realized the mental and emotional rigor the Army would impose. His current characterization of service does not appropriately reflect who he is today, a successful businessman who is entrusted to lead and guide others, and with the care and maintenance of a profit drive venture in a major corporation. He was not provided an opportunity at rehabilitation and his chain of command did not counsel him regarding his shortcomings. He regrets committing a mere single act of misconduct which led to his discharge. His current discharge limits the opportunity for meaningful employment and denies many substantive benefits. It is disproportionately severe and causes an unnecessary stigma. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 14 February 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 14 March 2007 d. Reason/Authority/SPD/RE Code: Misconduct (AWOL), AR 635-200, Paragraph 14- 12c(1), JKD, RE-3 e. Unit of assignment: 82nd Replacement Detachment, 82nd DSTB (Rear) (Provisional), 82nd Airborne Division, Fort Bragg, NC f. Current Enlistment Date/Term: 27 September 2005, 5 years (NIF) g. Current Enlistment Service: 1 year, 4 months, 18 days h. Total Service: 1 year, 4 months, 18 days i. Time Lost: 31 days j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 11B1P, Infantryman m. GT Score: 127 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, ASR, GWTSM r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 27 September 2005, for a period of 5 years (NIF) but per Enlisted Record Brief. He was 20 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 11B1P, Infantryman. His record documents no acts of valor or significant achievement. He completed 1 year, 4 months, and 18 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 6 February 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason misconduct (serious offense); specifically, for being AWOL (061030-061130). 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. On 6 February 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not 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 general, under honorable conditions discharge. 4. On 23 February 2007, 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 14 March 2007, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c(1), AR 635-200, for misconduct (AWOL), a Separation Program Designator code (SPD) of JKD, and a RE code of 3. 6. The applicant's record shows he was absent without leave (AWOL) during the period 30 October 2006 through 29 November 2006. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Article 15, dated 24 January 2007, for being AWOL (061030-061130). The punishment consisted of a reduction to the grade of E-1, forfeiture of $650 per month for two months, and 45 days of extra duty and restriction (FG). 2. A negative counseling statement, dated 7 December 2006, for being absent from his unit; failing to inform his chain of command of any issues which would affect his capability to perform his duties; and being recommended for UCMJ action, and a mental health examination. 3. Attorney letter, dated 8 November 2006, indicates the applicant requests for an administrative discharge based on psychological evaluation and experiencing difficulty with diet, sleep and exhaustion causing depression and personality defects. 4. Report of Mental Status Evaluation, dated 21 December 2006, indicates there was no evidence of an emotional or mental disorder of psychiatric significance to warrant disposition through medical channels. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a self-authored statement; DD Form 214 for service under current review; separation records; separation medical records; five letters of recommendation / support; Article 15, dated 24 January 2007 with Personnel Actions documenting AWOL and duty status; deployment history out processing report; individual jump record; airborne course diploma; installation clearance record; and infantry school diploma. POST-SERVICE ACTIVITY: The applicant states, in effect, he is now a successful businessman who is entrusted to lead and guide others, and with the care and maintenance of a profit drive venture in a major corporation. 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 "JKD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(1), misconduct (AWOL). 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKD" will be assigned a RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his service and to change the narrative reason for his discharge was carefully considered. However, after examining the applicant’s record of service, his military records, and the documents and issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the characterization of his service and to change the narrative reason for his 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 serious incident 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 an Article 15 for violation of the Uniform Code of Military Justice. 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 he regrets committing a mere single act of misconduct which led to his discharge. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 5. The applicant contends he was an immature young man who had not realized the mental and emotional rigors the Army would impose. 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. 6. The applicant contends he was not provided an opportunity at rehabilitation, nor was he counseled regarding his shortcomings. However, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such would serve no useful purpose or produce a quality Soldier. 7. The applicant contends he regrets his decision; he realizes making a colossal mistake by going AWOL; and he was not physically and mentally ready for the rigors of the Army which had a profound effect upon his mental and emotional well-being that led him to the misconduct and caused his discharge. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 8. The applicant’s post-service accomplishments have been noted as outlined on the application. However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted. 9. His current discharge limits the opportunity for meaningful employment and denies him of many substantive benefits, and it is disproportionately severe and causes unnecessary stigma. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities, or obtaining veteran’s benefits. 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. 10. 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. Accordingly, the records show the proper discharge and separation authority procedures were followed in this case. 11. 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: 22 April 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: Yes [redacted] 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 Discharge Order: 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) AR20140003124 Page 7 of 7 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1