IN THE CASE OF: Mr. BOARD DATE: 15 April 2015 CASE NUMBER: AR20140007325 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the analyst’s Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of service, and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined the reason for discharge was both proper and equitable and voted not to change it. 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 discharge characterization from under other than honorable conditions to honorable. 2. The applicant states, in effect, his discharge should be upgraded due to passing of time. He was young, dumb and it took awhile for the Army values to set in. He was going through a divorce and his ex-wife was making it hard for him. He desires to rejoin the Army if possible. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 21 April 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 20 October 2005 d. Reason/Authority/SPD/RE: Pattern of Misconduct, AR 635-200, Chapter 14 paragraph 14-12b, JKA, RE-3 e. Unit of assignment: D Co, 1-227th Aviation Regiment, 1st Air Calvary Brigade, 1st Air Cavalry Division, Fort Hood, TX f. Current Enlistment Date/Term: 14 May 2003, 6 years g. Current Enlistment Service: 2 years, 5 months, 7 days h. Total Service: 2 years, 5 months, 7 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 15Y10, Armament/Electronics/Aviation Systems Repairer m. GT Score: 107 n. Education: HS Graduate o. Overseas Service: Korea p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, KDSM, ASR r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 14 May 2003, for a period of 6 years. He was 18 years old at the time of entry and a HS Graduate. He trained in and was awarded military occupational specialty (MOS) 15Y10, Armament/Electronics/Aviation Systems Repairer. His record does not contain any evidence of acts of valor or meritorious achievements; and he achieved the rank of SPC/E-4. He was serving at Fort Hood, TX when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 8 September 2005, 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 offenses: a. receiving a FG Article 15 for failing to report to his appointed place of duty and disobeying a lawful order from a noncommissioned officer (050830), b. receiving a CG Article 15 for failing to report to his appointed place of duty and disobeying a lawful order from a noncommissioned officer (050810), and c. receiving numerous negative counseling statements. 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 8 September 2005, 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 and senior commanders reviewed the proposed action and recommended approval with an under other than honorable conditions discharge. 4. On 22 September 2005, the applicant again consulted with legal counsel, was advised of the impact of the discharge action, and voluntarily unconditionally waived consideration of his case by an administrative separation board, and did not submit a statement on his own behalf. 5. On 13 October 2005, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions. The applicant was reduced to the lowest enlisted rank. 6. The applicant was discharged from the Army on 20 October 2005, with a characterization of service of under other than honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, with a Separation Program Designator code (SPD) of JKA and an RE code of 3. 7. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A FG Article 15 dated, 30 August 2005, for without authority, failing to go at the time prescribed to his appointed place of duty (050823); and willfully disobeying a lawful order from a NCO (050823); the punishment consisted of a reduction to E-2, extra duty for 45 days and restriction for 30 days (suspended). 2. A CG Article 15 dated, 10 August 2005, for without authority, failing to go at the time prescribed to his appointed place of duty x 2 (040624, 040518); and willfully disobeying a lawful order from a noncommissioned officer (050415); the punishment consisted of a reduction to E-3 and extra duty for 14 days. 3. He received numerous negative counseling statements dated between 18 April 2005 and 24 August 2005, for disobeying an order or regulation, failing to report several times, missing formation, failing to complete corrective training and disobeying a lawful order, losing his ID card, disrespecting a 1SG, uniform violation/personal appearance, late for formation, placed on probation, disrespecting a noncommissioned officer, disobeying a senior NCO, stealing personal property, indebtedness, failing to support his family, fixing personal problems during duty time, and reporting late for extra duty. 4. DA Form 3822-R (Report of Mental Status Evaluation), dated 29 August 2005, indicating the applicant was psychologically cleared for any administrative action deemed appropriate by command. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293. POST-SERVICE ACTIVITY: The applicant did not provide any information with 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, 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. By the pattern of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant’s record of service was marred by two Articles 15 and numerous negative counseling statements. 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 his discharge should be upgraded due to passing of time. The US Army does not have, nor has it ever had, a policy to upgrade a discharge based on time elapsed since the discharge. Each case is decided on its own merits based on all factors contained in the official record or as submitted by the applicant. Changes may be warranted if the Board determines the characterization of service or the reason for discharge or both were improper or inequitable. 5. The applicant further contends he was young, dumb and it took awhile for the Army values to set in. 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. 6. The applicant also contends he was going through a divorce and his ex-wife was making it hard for him. The record of evidence does not demonstrate he sought relief through his command or the numerous Army community services like the Chaplain, Family Support Services, Community Counseling Center, and other resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 7. The applicant desires to rejoin the Army if possible. At the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. 8. The records show the proper discharge and separation authority procedures were followed. 9. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief. BOARD DETERMINATION AND DIRECTED ACTION: After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the analyst’s Discussion and Recommendation, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of service, and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined the reason for discharge was both proper and equitable and voted not to change it. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 15 April 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 3 No Change: 2 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: General, Under Honorable Conditions 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) AR20140007325 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1