IN THE CASE OF: Mr. BOARD DATE: 18 March 2015 CASE NUMBER: AR20140006744 ___________________________________________________________________________ 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. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27, contains the erroneous re-entry code of 4. The Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. 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, he desires to use his GI Bill and go to school. He contends, he sought assistance from his command and the chaplain because he no longer wanted to serve and wanted to change his job. He states, after six months of empty promises by his chain of command he decided to take matters into his own hands and went AWOL. He states, he knew what he did was wrong and turned himself in. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 14 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 30 March 2012 d. Reason/Authority/SPD/RE Code: Misconduct (Desertion), AR 635-200, Chapter 14-12c (1), JKF, RE-4 e. Unit of assignment: Rear Detachment, 2nd Battalion, 3rd Infantry Regiment, Joint Base Lewis-McChord, WA f. Current Enlistment Date/Term: 8 August 2008/4 years g. Current Enlistment Service: 3 years, 1 month, 19 days h. Total Service: 5 years, 4 months, 10 days i. Time Lost: 184 days j. Previous Discharges: ARNG, 060518-080807, NA AD, 060601-060804, NIF ADT, 070705-070831, HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 11C10, Indirect Fire Infantry m. GT Score: 110 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Iraq (090809-100603) q. Decorations/Awards: ARCOM, AGCM, NDSM, ICM-CS, ASR, OSR 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 Army National Guard on 18 May 2006, for a period of 8 years. He was 17 years old at the time of entry and a high school graduate. On 8 August 2008, he enlisted in the Regular Army for a period of 4 years. He served in Iraq and earned an ARCOM. He completed 5 years, 4 months, 10 days of military service. When his discharge proceedings were initiated, he was serving at Joint Base Lewis-McChord, WA. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 6 March 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Army Regulation 635-200, Chapter 14-12c, for misconduct (serious offense); specifically for being AWOL for 184 days. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 6 March 2012, the applicant waived his right to consult 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 19 March 2012, 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 30 March 2012, under the provisions of Army Regulation 635-200, Chapter 14-12c (1), with a general, under honorable conditions discharge, an SPD code of JKF, and an RE code of 3. 6. The applicant's record shows he was AWOL during the period 19 July 2011 through 22 January 2012. He was arrested in Dade County, FL on a federal warrant for being AWOL. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Several DA Forms 4187 (Personnel Action), dated 19 July 2011, 19 August 2011, and 12 December 2011, reflecting the applicant’s duty status changes. 2. DA Form 458 (Charge Sheet), dated 19 August 2011, reflects the applicant was charged with being AWOL from 19 July 2011 and remaining so in desertion. 3. A negative counseling statement, dated 25 January 2012, for being AWOL from 19 July 2011 through 21 January 2012 and a recommendation for discharge from military service. 4. Partial mental health evaluation reflects the applicant was psychiatrically cleared for any administrative action deemed appropriate by the command. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 9 April 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. 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 "JKF" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12c (1), for misconduct (desertion). 4. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKF" 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. However, after examining the applicant’s record of service, his military records, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. However, the service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense). AR 635-5-1, (Separation Program Designator Codes) and Cross Reference Table shows that a Soldier processed for misconduct (serious offense) will be assigned an SPD Code of JKF and an RE Code of 3. 3. 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 fully honorable discharge. The applicant’s record of service was marred by a negative counseling statement and a charge for being AWOL. 4. 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. 5. The applicant desires to use his education benefits under the Post 9/11 or Montgomery GI Bill. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 6. In view of the foregoing and notwithstanding the propriety of the discharge, recommend the Board change block 27, reentry code to 3, as stipulated by Army regulation. 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: 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: Yes Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: 3 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) AR20140006744 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1