IN THE CASE OF: Mr. BOARD DATE: 18 March 2015 CASE NUMBER: AR20140004763 ___________________________________________________________________________ Board Determination and Directed Action 1. After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding 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. 2. The applicant states, in effect, his discharge was inequitable because it was based on an isolated incident during 61 months of service. He was not charged with driving under the influence; he was charged with reckless driving and given a fine. He was discharged for a minor offense and it was unjust. He desires to receive VA benefits to resume his professional goals. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 14 March 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 5 October 2012 d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200, Chapter 14, paragraph 14-12c, JKQ, RE-3 e. Unit of assignment: Echo Troop, 7-17th Cavalry Regiment, Fort Campbell, KY f. Current Enlistment Date/Term: 17 September 2007, 6 years g. Current Enlistment Service: 5 years, 19 days h. Total Service: 5 years, 19 days i. Lost time: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 94F10, Computer/Detection Systems Repairer m. GT Score: 112 n. Education: GED Certificate o. Overseas Service: Southwest Asia p. Combat Service: Afghanistan x 2 (081201-091212), (110218-120211) q. Decorations/Awards: ARCOM-2, AAM, AGCM, NDSM, ACM-W/3CS, GWOTSM , ASR, OSR-2, NATO MDL, VUA, MUC 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 17 September 2007, for a period of 6 years. He was 18 years old at the time of entry with a GED Certificate. He was trained in and awarded military occupational specialty (MOS) 94F10, Computer/Detection Systems Repairer. His record shows he served two combat tours, he earned several awards including two ARCOMs, AAM, and an AGCM; and he achieved the rank of SPC/E-4. He was serving at Fort Campbell, KY when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 7 September 2012, 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 (serious offense), for being arrested for driving a motor vehicle with a blood alcohol content (BAC) of .092 in Tennessee (120519). 2. Based on the above misconduct, the unit recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. On 7 September 2012, the applicant was afforded the opportunity to consult with legal counsel and declined the opportunity to do so; he was advised of the impact of the discharge action. 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 18 September 2012, 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 2012, 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 service record did not contain any evidence of unauthorized absences, time lost or actions under the Uniform Code of Military Justice (UCMJ). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A Military Police Report dated 19 May 2012, indicating the applicant was under investigation for driving under the influence of alcohol. 2. An Incident Report dated 18 May 2012, indicating the applicant was charged with driving under the influence (four pages). 3. An administrative General Officer Memorandum of Reprimand (GOMOR), dated 8 June 2012, for driving under the influence of alcohol with a BAC of .092. 4. He received two negative counseling statements, dated 27 June 2012 and 1 August 2012 for being recommended for separation and debt repayment. 5. DA Form 3822-R (Report of Mental Status Evaluation, three pages), dated 8 August 2012, indicating the applicant was screened for PTSD and MTBI in accordance with OTSG/MEDCOM Policy Memo 10-040 and was psychiatrically cleared for Chapter 14-12c consideration. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, an incident report, driver’s license record (two pages), Army/American Council on Education Transcript, battle field first responder certificate, honor graduate certificate, training certificate, OPM advance finger print report, Enlisted Record Brief (ERB), Army Motor Vehicle Drivers Certificate, Air Assault Course certificate, Air Assault Badge Orders 281-152, three certificates of achievement, NATO Medal certificate, promotion certificate, Order of the Winged Spur certificate, AAM certificate, two DA Forms 638 (Recommendation for Award, two pages each), ARCOM certificate, request for approval of an ARCOM memorandum, Soldier Deployment History Report, and Verification of Military experience and training (four pages). 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 AND RECOMMENDATION: 1. The applicant’s request for an upgrade of his characterization of service was carefully considered. 2. After examining the applicant’s record of service, his military records, the issues and documents submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to honorable for the following reasons: a. Length, and quality of the applicant’s service to include his combat service: The applicant served 5 years and 19 days of his 6 year enlistment contract, thus the preponderance of his service was honorable. The record confirms he received two ARCOMs, AAM, and an AGCM. b. Combat: The applicant’s served two combat tours in Afghanistan. 3. This recommendation was 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 was too harsh and as a result, it is inequitable. 4. In view of the foregoing, the analyst recommends the Board grant relief in the form of an upgrade of the characterization of service to honorable. The reason for discharge was fully supported by the record and therefore, remains both proper and equitable. BOARD DETERMINATION AND DIRECTED ACTION 1. After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 18 March 2015 Location: Washington, DC Did the Applicant Testify: NA Counsel: No Witnesses/Observers: NA Board Vote: Character Change: 2 No Change: 3 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) AR20140004763 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1