IN THE CASE OF: BOARD DATE: 15 May 2015 CASE NUMBER: AR20140009597 ___________________________________________________________________________ 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. 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 under other than honorable to general, under honorable conditions or honorable. 2. The applicant states, in effect, he accomplished a lot since his discharge. He is in school and employed. He has not been in any trouble. However, he is unable to obtain any benefits for his service. He wishes to continue his military career in the future. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 27 May 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 21 December 2011 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200, Paragraph 14-12c, JKQ, RE-3 e. Unit of assignment: A Co, 563rd Aviation Support Bn, 159th Combat Aviation Bde, Kandahar Airfield, Afghanistan f. Current Enlistment Date/Term: 24 September 2008, 4 years, 2 weeks g. Current Enlistment Service: 3 years, 2 months, 28 days h. Total Service: 5 years, 7 months, 16 days i. Time Lost: 27 days (Confinement) j. Previous Discharges: ARNG (050729-060606) / NA IADT (060606-070302) / UNC ARNG (070303-080728) / HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 88M10, Motor Transport Operator m. GT Score: 88 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Afghanistan (081221-091018), (110213-111118) q. Decorations/Awards: AGCM; NDSM; ACM-2CS; GWOTSM; ASR; NATO MDL; MUC; VUA r. Administrative Separation Board: No, waived pursuant to offering to plead guilty (SCM) 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 24 September 2008, for a period of 4 years and 2 weeks. He was 20 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 88M10, Motor Transport Operator. He served in Afghanistan. His record documents no other acts of valor or significant achievement. He completed 5 years, 7 months, and 16 day of active duty and reserve service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record shows that on 27 October 2011 (as acknowledged by the applicant), the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense, for stealing money on ten separation occasions from a federal reserve bank (110620-110706). 2. The unit commander recommended an under other than honorable conditions discharge and advised the applicant of his rights. 3. On 27 October 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board, and did not submit a statement on his behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commanders reviewed the proposed action and both recommended approval of the separation with an under other than honorable conditions discharge. 4. On 12 November 2011, the General Court Martial Convening Authority (GCMCA) waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions. 5. The applicant was discharged from the Army on 21 December 2011, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), a Separation Program Designator code (SPD) of JKQ, and an RE code of 3. 6. The applicant’s record of service indicates 27 days of time lost for being confined by the military authorities from 19 September 2011 until his release on 15 October 2011. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Record of Trial by a Summary Court-Martial with its associated documents, indicates that the Summary Court-Martial that convened on 19 September 2011, found the applicant guilty of four specifications of violating Article 121, UCMJ, for stealing money from a federal reserve bank on ten separate occasions (110706, 110705, 110704, 110701, 110630, 110629, 110626, 110623, 110621, and 110620). The sentence consisted of confinement for 30 days, a reduction to E-1, and a forfeiture of $1,045. 2. Offer to Plead Guilty, dated 11 September 2011, indicates, in pertinent part, the applicant offered to plead guilty to the charge and its ten specifications, and agreed not to contest any administrative separation action initiated against him; that he knowingly, voluntarily, and intelligently waive his right to an administrative separation board and hearing, even if his command recommends an under other than honorable conditions discharge; and knowing that an UOTH discharge would be granted as a result of this agreement and waiver. The offer was accepted by the SCMCA on 12 September 2011. 3. Military Police Report, dated 8 August 2011, indicates the applicant was the subject of an investigation for larceny. 4. A negative counseling statement, dated 15 October 2011, for being processed for involuntary separation. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided none. POST-SERVICE ACTIVITY: The applicant states, in effect, since his discharge, he accomplished a lot. He is in school and employed. 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 serious incidents of misconduct, the applicant diminished the quality of his service below that meriting a general or a fully honorable discharge. The applicant’s record of service was marred by a summary court-martial for violating the Uniform Code of Military Justice. 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 expressed a desire to rejoin the Service in the future and to have the veteran’s benefits. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 5. Furthermore, 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. Moreover, the Board does not grant relief for the purpose of obtaining veteran’s benefits. 6. The applicant’s post-service accomplishments have been noted as outlined on the application. However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted. 7. The records show the proper discharge and separation authority procedures were followed in this case. 8. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 15 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: 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 FG - Field Grade IADT – Initial Active Duty Training RE - Reentry Honorable Conditions ADRB Case Report and Directive (cont) AR20140009597 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1