IN THE CASE OF: Mr. BOARD DATE: 1 May 2015 CASE NUMBER: AR20140008435 ___________________________________________________________________________ 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 that the characterization of service was too harsh based on the circumstances surrounding the discharge (the command was capricious in separating the applicant after he was transferred for rehabilitative purposes) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was 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 general, under honorable conditions discharge to honorable. 2. The applicant states, in effect, his discharge is inequitable because he was punished twice for his misconduct. He states, he was arrested for DUI and received a GOMOR and had to perform extra duty. He states, he was transferred to another unit and he disclosed his misconduct. At that time, the applicant states separation action was initiated against him. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 9 May 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 10 June 2013 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200, Chapter 14-12c, JKQ, RE-3 e. Unit of assignment: 2nd Battalion, 504th Parachute Infantry Regiment, Fort Bragg, NC f. Current Enlistment Date/Term: 13 October 2009/3 years, 21 weeks (Extended enlistment on 4 March 2011 to 4 years, 8 months, 21 weeks) g. Current Enlistment Service: 3 years, 7 months, 28 days h. Total Service: 3 years, 7 months, 28 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 11B1P, Infantryman m. GT Score: 132 n. Education: College Degree o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: AGCM, NDSM, GWOTSM, ASR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 13 October 2009, for a period of 3 years and 21 weeks. He was 27 years old at the time of entry and a college graduate. He extended his enlistment for 20 weeks on 4 March 2011, to 4 years, 8 months, and 21 weeks. His record is void of any significant awards of valor and achievement. He completed 3 years, 7 months, 28 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Bragg, NC. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 9 April 2013, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c, for misconduct (serious offense). Specifically for driving under the influence (DUI) on 15 December 2012, with blood alcohol content of .16%. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. As a note, on 29 April 2013, the commander recommended the applicant be retained in the military. 3. On 16 April 2013, the applicant made the election to consult with legal counsel; however, the record does not reflect that he was advised by counsel. However, he 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 3 May 2013, 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 10 June 2013, under Army Regulation 635-200, Chapter 14-12c, with a general, under honorable conditions discharge, an SPD code of JKQ, and an RE code of 3. 6. The applicant’s record does contains no evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: DA Form 1695 (Oath of Extension of Enlistment), dated 4 March 2011, reflects the applicant extended his enlistment. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 30 April 2014, DD Form 214, DD Form 1695, a GOMOR and allied documents, dated 3 January 2013 and 7 February 2013, a letter of support, dated 17 April 2013, payroll statements, and a letter from Drexel University, dated 24 June 2013. 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. However, after examining the applicant’s record of service, his military records, the documents 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. The applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant’s record of service was marred by GOMOR. 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 he was punished twice by the issuance of a GOMOR and subsequently being discharge from the military. However, the applicant’s chain of command was not barred from initiating separation action against the applicant for the misconduct. 5. The records show the proper discharge and separation authority procedures were followed in this case. 6. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend 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 Discussion and Recommendation, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the discharge (the command was capricious in separating the applicant after he was transferred for rehabilitative purposes) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 1 May 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: Honorable 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) AR20140008435 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1