IN THE CASE OF: Mr. BOARD DATE: 4 March 2015 CASE NUMBER: AR20140003882 ___________________________________________________________________________ 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 and a change to the narrative reason for separation. 2. The applicant states, in effect, he served over three years of faithful and honorable service. His narrative reason for discharge is improper. He requests a final DD Form 214 be provided or a DD Form 215 be issued to incorporate awards and overseas service not annotated on his DD Form 214. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 27 February 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 5 October 2011 d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200, Chapter 14, paragraph 14-12c, JKQ, RE-3 e. Unit of assignment: 137th, Sapper Company, 307th Engineer Battalion, Fort Bragg, NC f. Current Enlistment Date/Term: 31 July 2008, 3 years and 16 weeks g. Current Enlistment Service: 3 years, 1 month, 1 day h. Total Service: 3 years, 1 month, 1 day i. Lost time: 34 days j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 12B1P, Combat Engineer m. GT Score: 102 n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Iraq (090601-return date not in file) q. Decorations/Awards: ARCOM, NDSM,ICM-W/CS, GWOTSM, ASR, CAB 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 31 July 2008, for a period of 3 years and 16 weeks. 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) 12B1P, Combat Engineer. His record also shows he served a combat tour (specific dates not in the file), he did not earn any awards for acts of valor or meritorious achievements; he achieved the rank of SPC/E-4. He was serving at Fort Bragg, NC when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates 24 August 2011, 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 of misconduct-commission of a serious offense. Specifically for the following offenses: a. being AWOL (110503-110607), b. failing to report to his appointed place of duty multiple times, and c. disrespecting a noncommissioned officer.` 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’s election of rights is not contained in the available records and government regularity is presumed in the discharge process. 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 30 August 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 5 October 2011, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), with a Separation Program Designator code (SPD) of JKQ and an RE code of 3. 6. The applicant’s record of service indicates 34 days of time lost for being AWOL from 3 May 2011 until 6 June 2011, mode of return unknown. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. An Article 15, dated 23 June 2011, for being AWOL (110503-110607); without authority, failing to go at the time prescribed to his appointed place of duty x 3 (110429, 110427 x 2); and treating with contempt two noncommissioned officers, (1SG M and SFC H, 110427), the punishment consisted of a reduction to E-1, forfeiture of $733 pay for two months (suspended), extra duty for 45 days and restriction for 45 days, (FG). 2. The applicant received a negative counseling statement, dated 29 July 2011, for missing formation. 3. Two DA Forms 4187 (Personnel Action), dated 3 May 2011 and 7 May 2011 showing the applicant’s present for duty and AWOL dates. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, with an issues continuation page, DD Form 214 worksheet, letter, Carteret County Veterans Services (two pages), Enlisted Record Brief (ERB), five training certificates, combat action badge orders, ARCOM certificate, promotion certificate, and an airborne course certificate. 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, misconduct-(serious offense). 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge and a change to the narrative reason for 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, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or a change to the narrative reason for separation. 2. The record confirms 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 (serious offense), 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, a negative counseling statement, and two personnel actions. 3. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance. 4. The applicant requested a change to his narrative reason for separation. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, for the misconduct (serious offense). The regulation further stipulates that no deviation is authorized. 5. The applicant contends he served over three years of faithful and honorable service. 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. 6. Further, the applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceedings were carefully considered. However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge under review. 7. The applicant requests a final DD Form 214 be provided or a DD Form 215 be issued to incorporate awards and overseas service not annotated on his DD Form 214. The applicant can at the following website http://www.archives.gov/veterans/military-service-records complete an SF 180 form on line or down load it and mail to NARA, 1 Archives Drive, St Louis MO, 63138-1002. 8. Also, regarding the applicant’s issue of awards and overseas service not annotated on his DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 9. The records show the proper discharge and separation authority procedures were followed in this case. 10. 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: 4 March 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 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) AR20140003882 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1