IN THE CASE OF: Mr. BOARD DATE: 6 May 2015 CASE NUMBER: AR20140005521 ___________________________________________________________________________ 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 an upgrade of his general, under honorable conditions discharge to honorable. 2. The applicant states, in effect, since his discharge he found out he had PTSD which caused him to be angry. He states, he did not know why he did the things he did but now knows it was because of PTSD. He states he is 100 percent disabled. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 March 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 22 October 2008 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, Chapter 14-12b, JKA, RE-3 e. Unit of assignment: Alpha Company, 209th Aviation Support Battalion, Wheeler Army Airfield, HI f. Current Enlistment Date/Term: 19 May 2007/6 years g. Current Enlistment Service: 1 year, 5 months, 4 days h. Total Service: 3 years, 4 months, 21 days i. Time Lost: 23 days j. Previous Discharges: USAR, 050510-060118, NA RA, 060119-070518, HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 92W10, Water Treatment Specialist m. GT Score: 103 n. Education: HS Graduate o. Overseas Service: SWA, Hawaii p. Combat Service: Iraq (060724-071018) q. Decorations/Awards: ARCOM, ICM, MUC, NDSM, GWOTSM, ASR OSB-2 r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the US Army Reserve on 10 May 2005, for a period of 8 years. He was 19 years old at the time of entry and a high school graduate. He reenlisted in the Regular Army on 19 May 2007, for a period of 6 years. He served in Iraq and earned an ARCOM. He completed 3 years, 4 months, 21 days of creditable military service. When his discharge proceedings were initiated, he was serving in Hawaii. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 27 June 2008, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12b, for a pattern of misconduct. Specifically for: a. wrongful use of marijuana (071103 and 071203), b. driving a vehicle without a valid driver’s license (080117), c. driving a vehicle while his driver’s license was revoked (080314), d. disobeying a lawful order from SSG W (080409), e. disrespecting SSG W (080421) and, f. driving a vehicle while his driving privileges were revoked (080421). 2. Based on the above pattern of misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 30 June 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and elected to 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 15 July 2008, the separation authority waived further rehabilitation efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was separated on 22 October 2008, under the provisions of Army Regulation 635-200, Chapter 14-12b, with a general, under honorable conditions discharge, a SPD code of JKA, and a RE code of 3. 6. The applicant's record shows he was AWOL during the period 28 May 2008 through 20 June 2008. His mode of return is unknown. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. DA Form 4430 (DA Report of Result of Trial), dated 28 May 2008, reflects the applicant participated in a summary court-martial. He was found guilty of wrongful use of marijuana, disobeying a lawful order to not drive a vehicle on all US Army Garrison, Hawaii installations, and properties, for a period of five years, driving without a valid driver’s license, disrespecting an NCO, and disobeying a lawful order from a NCO. The punishment consisted of a reduction to grade of E-1 and confinement for 30 days. 2. Two MP Reports, dated 7 February 2008, reflects the applicant was the subject of an investigation for the wrongful use of marijuana, and possession. 3. There is one positive urinalysis in the report: IR, Inspection Random, 3 December 2007, marijuana 4. DA Form 3822-R (Report of Mental Status Evaluation), dated 18 March 2008, reflects the applicant a clear and normal thought process and content, was mentally responsible, and did not require disposition through a medical board. 5. One negative counseling statement, dated 26 March 2008, for failing to follow orders by driving while his privileges were revoked. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 18 March 2014, and a DD Form 214. 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. 2. After examining the applicant’s record of service, his military records, the documents and the 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 3 years, 4 months, 21 days of military service, thus the preponderance of his service was honorable. b. The record confirms the applicant received several awards, specifically a ARCOM. c. The applicant’s post-service diagnosis of PTSD, as provided in one of the documents with his application, indicates the condition is a result of his military service and could be a mitigating factor of his conduct. 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. 4. In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant relief in the form of an upgrade of the characterization of service to honorable. However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable. 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, the Board determined the discharge to be proper and equitable and voted to deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 6 May 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) AR20140005521 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1