IN THE CASE OF: BOARD DATE: 22 July 2015 CASE NUMBER: AR20140003272 ___________________________________________________________________________ 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 which follows, the Board determined the characterization of service was improper. The record confirms the government introduced into the discharge packet an Army Substance Abuse Program (ASAP) enrollment form which disclosed the Soldier had self-referred to ASAP which violated the limited use policy. This is limited use information as defined in AR 600-85 and mandates award of an honorable characterization of service. 2. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. However, the Board determined reason for discharge was both proper and equitable and voted not the 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 discharge from general, under honorable conditions to honorable. 2. The applicant states, in effect, his service was outstanding besides his missing movement incident. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 18 February 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 16 May 2011 d. Reason/Authority/SPD/RE: Pattern of Misconduct, AR 635-200, Chapter 14 paragraph 14-12b, JKA, RE-3 e. Unit of assignment: G Company, 1-67th Armor Battalion, Fort Carson, CO f. Current Enlistment Date/Term: 19 April 2009, NIF/information extracted from DD Form 214 g. Current Enlistment Service: 2 years, 28 days h. Total Service: 3 years, 6 months, 2 days i. Time Lost: None j. Previous Discharges: RA (071115-090418)/HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 19K10, M1 Armor Crewman m. GT Score: 89 n. Education: GED Certificate o. Overseas Service: Southwest Asia p. Combat Service: Iraq (080905-090814) q. Decorations/Awards: ARCOM, AAM-2, NDSM, ICM-CS, GWOTSM, ASR, OSR r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 15 November 2007, for a period of 3 years and 19 weeks. He was 24 years old at the time with a GED Certificate. He was trained in and awarded military occupational specialty (MOS) 19K10, M1 Armor Crewman. His record also shows he served a combat tour, earned an ARCOM and two AAMs; and he achieved the rank of SPC/E-4. He was serving at Fort Carson, CO when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 19 April 2011, 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 misconduct-commission of a serious offense for missing movement with his unit. 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 19 April 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board (although he was not entitled to a board), 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 26 April 2011, 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 16 May 2011, 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 contains no evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A FG Article 15 dated, 23 March 2011, for missing the movement of his unit (110203); the punishment consisted of a reduction to E-2, forfeiture of $822 pay for two months (suspended), extra duty and restriction for 45 days. 2. He received two negative counseling statements dated 11 March 2011 and 18 March 2011, for failing to obey a lawful order, failing to report to his appointed place of duty, and being notified of initiation of separation action. 3. Two Military Protection Orders both dated 2 September 2010 indicating the applicant was to have no contact with his spouse and another female respectively. 4. Two DA Forms 8003, Army Substance Abuse Program (ASAP) Enrollment Forms, dated 21 October 2010 and 9 February 2010, indicating the applicant self-referred and was command referred to ASAP respectively. 5. Three DA Forms 3822-R (Report of Mental Status Evaluation), dated 17 March 2011, 18 March 2011 and 9 February 2011, indicating the applicant was diagnosed with a depressive disorder not otherwise specified (NOS), an adjustment disorder with anxiety and depressed mood and anxiety disorder, NOS, dysthymic disorder vs. depressive disorder. 6. A Standard Form 600 (Chronological Record of Medical Care), dated 9 February 2011, indicating the applicant was diagnosed with an adjustment disorder with depressed mood. 7. DA Form 3349 (Physical Profile), dated 7 March 2011 indicating the applicant had a temporary profile for an adjustment disorder. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application (six pages) and a DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any information with 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. DISCUSSION: 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, the characterization of service was improper. 2. The record confirms the government introduced into the discharge packet an Army Substance Abuse Program (ASAP) enrollment form which disclosed the Soldier had self referred to ASAP which violated the limited use policy. This is limited use information as defined in AR 600-85 and mandates award of an honorable characterization of service. 3. The records show the proper discharge and separation procedures were not followed in this case. 4. Therefore, the characterization of service being improper, the Board granted full relief by upgrading the applicant’s characterization of service to honorable. However, the reason for the discharge was fully supported by the record and remains both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 22 July 2015 Location: Washington, DC Did the Applicant Testify: NA Counsel: No Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 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: Honorable 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) AR20140003272 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1