IN THE CASE OF: BOARD DATE: 20 May 2015 CASE NUMBER: AR20140005509 ___________________________________________________________________________ Board Determination and Directed Action 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 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 to upgrade the characterization of his service from general, under honorable conditions to fully honorable. 2. The applicant states, in effect, it is his perspective that the discharge was unfair. He describes the events and circumstances surrounding his discharge in his self-authored statement. He requests an upgrade because he served honorably. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 March 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 5 April 2013 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, Paragraph 14- 12b, JKA, RE-3 e. Unit of assignment: FSC, 2nd Engr Bn, White Sands Missile Range, NM f. Current Enlistment Date/Term: 15 July 2008, 5 years, 20 weeks g. Current Enlistment Service: 4 years, 8 months, 21 days h. Total Service: 4 years, 8 months, 21 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 92G10, Food Service Operation Specialist m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Afghanistan (100428-110418) q. Decorations/Awards: AAM-2; AGCM; NDSM; ACM-2CS; GWOTSM; ASR; OSR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 5 July 2008, for a period of 5 years and 20 weeks. His record indicates a reenlistment but it is not available in his OMPF. He was 19 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 92G10, Food Service Operation Specialist. He served in Afghanistan. He earned two AAMs. He completed 4 years, 8 months, and 21 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant’s signature. 2. The DD Form 214 indicates that on 5 April 2013, the applicant was discharged under the provisions of paragraph 14-12b, Chapter 14, AR 635-200, for a pattern of misconduct, with a characterization of service of general, under honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JKA and a reentry (RE) code of 3. 3. The applicant’s available record does not show any recorded actions under the UCMJ, unauthorized absences or time lost. However, he was separated as a PV2/E-2 and the action that caused his reduction is not contained in the service record. 4. On 2 April 2013, HQDA, USA Air Defense Artillery Center and Fort Bliss, Fort Bliss, TX, Orders Number 092-0038, discharged the applicant from the Army, effective 5 April 2013. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There is no record of any negative counseling statements; however, the applicant has provided copies of some of his counseling statements. 2. Discharge Orders. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a self-authored statement; VA Service cover letter; two character reference statements; two certificates of appreciation; Recommendation for Award, dated 5 January 2011 (an approved AAM with 1OLC); two counseling statements, dated 3 December 2010; health record, dated 14 December 2012; and DD Form 214 for service under current review. POST-SERVICE ACTIVITY: The applicant provided none. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" 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 was carefully considered. 2. After examining the applicant’s record of service, his military records, and the documents and issues 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 service: The applicant served 4 years and 8 months and the preponderance of his service was honorable. b. The record confirms the applicant received two AAMs, one of which was for a tour in combat. c. The applicant’s record also contains documentary evidence of his mental health issues as mitigating factors toward a consideration for an upgrade because depression and anxiety existed at the time of his discharge, which the applicant relates as combat-related psychiatric issues that contributed to his misconduct. 3. This recommendation is 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 may now be too harsh and as a result inequitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 20 May 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None 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) AR20140005509 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1