IN THE CASE OF: Mr. BOARD DATE: 11 March 2015 CASE NUMBER: AR20140004246 ___________________________________________________________________________ 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 general, under honorable conditions discharge characterization to honorable. 2. The applicant states, in effect, although he received written warnings for the infractions that led to his discharge, he was never disciplined by his command. The applicant contends he was young and impressionable. The applicant states he would like to reenter the military. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 7 March 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 1 September 2011 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, Chapter 14-12b, JKA, RE-3 e. Unit of assignment: C Company, 1st Battalion, 15th Infantry Regiment, 3d Heavy Brigade Combat Team, 3d Infantry Division, Fort Benning, GA f. Current Enlistment Date/Term: 14 July 2010/3 years, 17 weeks g. Current Enlistment Service: 1 year, 1 month, 18 days h. Total Service: 1 year, 1 month, 18 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 19K10, M1 Armor Crewman m. GT Score: 87 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, ASR r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 14 July 2010, for a period of 3 years and 17 weeks. He was 18 years old at the time of entry and a high school graduate. He completed 1 year, 1 month, and 18 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Benning, Georgia. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 22 July 2011, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 14-12b, for pattern of misconduct. Specifically for the following offenses: a. arrested for an open container by the Columbus Police Department (110402), and b. arrested by the Columbus Police Department for trespassing on Peachtree Mall property (110611). 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 2 August 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action and elected to submit a statement on his own behalf. The record is void of the applicant’s statement. 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 10 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 1 September 2011, with a characterization of service of general, under honorable conditions under the provisions of AR 635-200, Chapter 14-12b, for a pattern of misconduct, a Separation Program Designator code (SPD) of JKA, and an RE code of 3. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Columbus Police Department Arrest Report, dated 3 April 2011, reflects the applicant was observed sitting inside a 2001 White Chevy Blazer drinking from a 12oz Budweiser on 2 April 2011. The applicant was arrested. 2. Notice to Depart and Forbid Entry Peachtree Mall, dated 2 April 2011, reflects the applicant was not permitted on the property during the period of 2 April 2011 to 2 April 2012. 3. Columbus Police Department Arrest Report, dated 12 June 2011, reflects the applicant was banned from the mall for having an open container. The applicant was observed, by mall security officer, to be on the mall property. The applicant was arrested without incident. 4. Notice to Depart and Forbid Entry Peachtree Mall, dated 11 June 2011, reflects the applicant was not permitted on the property during the period 11 June 2011 to 11 June 2014. 5. DA Form 3822-R (Report of Mental Status Evaluation), dated 16 June 2011, reflects that the applicant had a clear and normal thought process and was mentally responsible. 6. Three negative counseling statements, dated between 12 April 2011 and 13 July 2011, for failing to obey an order or regulation, trespassing, and initiation of separation proceedings. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, undated, and a DD Form 214 covering the period of service under review. POST-SERVICE ACTIVITY: None was provided with the 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 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, his military records, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's 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 pattern of misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge. The applicant’s record of service was marred by derogatory counseling statements for multiple violations 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 received written warnings for his infractions, but was never discipline by his command. However, the evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. 5. The applicant contends that he was young and impressionable at the time of the discharge. 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 has expressed his desire to rejoin the Service. At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3. An RE code of 3 can be waived and the applicant is eligible to reenlist. 7. The records show the proper discharge and separation authority procedures were followed in this case. 8. 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: 11 March 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: 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) AR20140004246 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1