IN THE CASE OF: BOARD DATE: 10 July 2015 CASE NUMBER: AR20140007283 ___________________________________________________________________________ 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, and to change the narrative reason for his discharge. 2. The applicant states, in pertinent part and in effect, he was wrongfully discharged two months prior to his actual separation date while he voluntarily extended his service for another year to serve a second combat tour. He was an excellent Soldier and earned several awards. He went beyond the call of duty during his deployments and while training for his deployments. In combat, he was constantly in the line of fire performing patrols, and he witnessed events that most people have a difficult time dealing with. It was during his second tour and R&R, when he was arrested due to resisting arrest caused by excessive drinking and losing control when he found out through facebook that five more of his friends were killed in action. He did not complete his second tour because he had to attend court hearings. The stress due to financial hardship caused by attending court hearings was extremely rough. The negative attention he received from his chain of command eventually led him to seek mental health assistance for suicidal thoughts and actions. He missed formations but the subsequent Article 15 action was dropped; however, missing another formation led to his current discharge. Returning to school is a necessity so that he may provide the best for his young daughter, but his discharge would not allow him to receive his Post 9/11 GI Bill. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 21 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 20 June 2012 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, Paragraph 14- 12b, JKA, RE-3 e. Unit of assignment: Co C, 1st Bn, 32nd Infantry Regiment, 3rd BCT, 10th Mountain Division (Light Infantry), Fort Drum, NY f. Current Enlistment Date/Term: 20 August 2008, 3 years, 17 weeks g. Current Enlistment Service: 3 years, 10 months, 1 day h. Total Service: 3 years, 10 months, 1 day i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: 104 n. Education: GED o. Overseas Service: SWA p. Combat Service: Afghanistan (110320-110923), (090301-091229) q. Decorations/Awards: ARCOM; AAM; AGCM; NDSM; ACM-3CS; GWOTSM; ASR; OSR; NATO MDL; CIB r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 20 August 2008, for a period of 3 years and 17 weeks, and was extended in support of a contingency operation. He was 20 years old at the time of entry and had a high school equivalency (GED). He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman. He served in Afghanistan. He earned an ARCOM and an AAM. He completed 3 years, 10 months, and 1 day of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 30 May 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of a pattern of misconduct, specifically for the following incidents: a. failing to be at his appointed place of duty on four separate occasions (120210, 120209, 120207, and 120130); b. making a false official statement to the military police (100922); and c. assaulting a police officer (110814). 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. On 31 May 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement on 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 7 June 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 20 June 2012, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, a Separation Program Designator code (SPD) of JKA, and an RE code of 3. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There are no documented actions under the Uniform Code of Military Justice. 2. Two negative counseling statements, dated 9 and 10 February 2012, for failing to be at his appointed place of duty at the prescribed time and missing his appointments. 3. Report of Mental Status Evaluation, dated 13 April 2012, indicates the applicant was diagnosed with mood disorder NOC; adjustment disorder with disturbance of conduct and emotions; and alcohol abuse. The screenings for Post Traumatic Stress Disorder (PTSD) indicated a score of 0/2, but negative, and Mild Traumatic Brain Injury (TBI) reflected a score of 0/4, but negative. 4. DD Form 2807-1, Report of Medical History, dated 7 March 2012, reflects the applicant having mental health issues. 5. A civilian police report, dated 14 August 2011, indicates the applicant was the subject of an investigation for aggravated battery on a police officer; criminal damage to property; and resisting, obstructing, and disarming an officer. 6. An MP Report, dated 3 September 2010, indicates the applicant was the subject of an investigation for making a false official statement. 7. An MP Report, dated 16 January 2010, indicates the applicant was the subject of an investigation for being drunk and disorderly. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a self-authored statement 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 and to change the narrative reason for 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 over three years and 10 months of his enlistment and an additional year of extended enlistment, and the preponderance of his service was honorable. b. The record confirms the applicant served combat tours in Afghanistan and earned an ARCOM and an AAM. c. The applicant’s record reflects documentary evidence of his other behavioral health issues while on active duty. 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 mental health 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. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12b, AR 635-200 with a general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," and the separation code is "JKA." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 5. 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: 10 July 2015 Location: Washington, DC Did the Applicant Testify? No Counsel/Representative: None 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) AR20140007283 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1