IN THE CASE OF: BOARD DATE: 10 June 2014 CASE NUMBER: AR20140005291 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony, and considering the Discussion and Recommendation which follows, the Board determined the discharge to be 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 to honorable, and a request to the narrative reason. 2. The applicant states, in effect, he would like to reenlist and continue his career in the military. He believes his discharge was unjust because he was punished under Article 15 proceedings and then discharged for the same incident. He states he was wrong for drinking alcohol while deployed. He contends the facts of the Army Discharge Review Board’s decision in AR20120008895, was incorrect when stated he drank two bottles of whiskey. He along with four other Soldiers consumed two bottles of whiskey however, he only drank about one fourth of the two bottles. He contends he received an Article 15 and was reduced to E-1, forfeited two months pay, and given 45 days of extra duty. He believes his discharge was excessive. He states he was young when he made the mistakes and hopes the Board takes this into consideration. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 20 March 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 2 June 2011 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200 Chapter 14-12c, JKQ, RE-3 e. Unit of assignment: D Company, 2-7 Cavalry Regiment Fort Hood, TX f. Current Enlistment Date/Term: 13 October 2009/3 years, 19 weeks g. Current Enlistment Service: 1 year, 7 months, 20 days h. Total Service: 1 year, 7 months, 20 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 19K10, K4 M1 Armor Crewman m. GT Score: 97 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Iraq (100919-110513) q. Decorations/Awards: NDSM, GWOTSM, ICM-CS, ASR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: Yes SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 13 October 2009, for a period of 3 years and 19 weeks. He was 19 years old at the time of entry and a high school graduate. He served in Iraq. He did not earn any awards for significant acts of valor or achievement. He completed 1 year, 7 months, and 20 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Hood, Texas. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 6 May 2011, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c, for misconduct (serious offense). Specifically, for being identified as one of four Soldiers drinking two bottles of whiskey. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 6 May 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in 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 8 May 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 separated on 2 June 2011, under Army Regulation 635-200, Chapter 14-12c, with a general, under honorable conditions discharge, an SPD code of JKQ, and an RE code of 3. 6. The applicant’s record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A Serious Incident Report (SIR), dated 16 April 2011, indicates four Soldiers, including the applicant, consumed alcohol while on duty. 2. MEDCOM Form 699-R (Report of Mental Status Evaluation), dated 5 May 2011, reflects the applicant had clear thought content, was mentally responsible, and was able to distinguish right from wrong. 3. Article 15, dated 28 April 2011, for failing to obey a lawful general order, General Order No. 1A, by wrongfully consuming alcohol. The punishment consisted of reduction to the grade of E-1, forfeiture of $734 pay per month for two months, and 45 days of extra duty and restriction (FG). EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD 293, dated 25 February 2014, a DD Form 214, for the period of service under review. POST-SERVICE ACTIVITY: The applicant did not provide any in support of 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 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. The applicant diminished the quality of his service below that meriting a general or a fully honorable discharge. The applicant’s record of service was marred by an Article 15, for violating a lawful general order while deployed in combat. 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 that he was very young and immature at the time. 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. 5. The applicant has expressed his desire to rejoin the Army. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 6. The records show the proper discharge and separation authority procedures were followed in this case. 7. 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: Personal Appearance Date: 10 June 2014 Location: Washington, DC Did the Applicant Testify? Yes Counsel: Yes Witnesses/Observers: None DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted the following additional documents: a. Letters of Recommendation b. Background Check c. School Certificate d. Marriage License 2. The applicant presented the additional contention: Request a change to the Narrative Reason In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. Board Vote: Character Change: 1 No Change: 4 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: No Change Change RE Code to: No Change 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) AR20140005291 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1