IN THE CASE OF: BOARD DATE: 15 July 2015 CASE NUMBER: AR20140009684 ___________________________________________________________________________ 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 an upgrade of his discharge characterization of service from general, under honorable conditions to honorable. 2. The applicant states, in effect, he has proven himself as a Soldier and served his country. He is unable to find work. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 June 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 10 October 2013 d. Reason/Authority/SPD/RE: Pattern of Misconduct, AR 635-200, Chapter 14 paragraph 14-12b, JKA, RE-3 e. Unit of assignment: E Co, 1-503rd Infantry, 173rd Infantry Brigade Combat Team, Vicenza, Italy f. Current Enlistment Date/Term: 25 July 2011, 3 years and 21 weeks g. Current Enlistment Service: 2 years, 2 months, 16 days h. Total Service: 2 years, 2 months, 16 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 92G1P, Food Service Specialist m. GT Score: 89 n. Education: HS Graduate o. Overseas Service: Italy/Southwest Asia p. Combat Service: Afghanistan (120703 - 130211) q. Decorations/Awards: ARCOM, NDSM, ACM-W/CS, GWOTSM, ASR, NATO MDL, CAB 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 25 July 2011, for a period of 3 years and 21 weeks. He was 19 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 92G1P, Food Service Specialist. His record also shows he served a combat tour, earned several awards including an ARCOM and a CAB; and he achieved the rank of PFC/E-3. He was serving in Vicenza, Italy when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 28 August 2013, 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. without authority, leave his appointed place of duty (130615), b. disobeying a lawful order from CPT H, by breaking restriction x 2 (130614 and 130615), c. without authority, fail to go at the time prescribed to his appointed place of duty (130610), d. dereliction in the performance his duties (130603), and e. disobeying lawful orders from NCOs x 2 (130528, 130604). 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 29 August 2013, the applicant consulted with legal counsel; was advised of the impact of the discharge action; waived consideration of his case by an administrative separation board (although he was not entitled to such a Board), and submitted a statement on his own behalf. However, the applicant’s statement is not contained in the available record. 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. 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 10 October 2013, 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, with 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. A CG Article 15 dated, 11 June 2013, for derelict in the performance of duty, by failing to come to work in a clean uniform (130603); willfully disobeying a lawful order from SFC F (130528); willfully disobeying a lawful order from SSG K, and by failing to report for corrective training (130604). The punishment consisted of a reduction to E-2, forfeiture of $397 pay for one month, and extra duty and restriction for 14 days. 2. He received several negative counseling statements dated between 28 May 2013 and 23 July 2013, for insubordinate conduct, disobeying an order or regulation, reporting late for corrective training, dereliction of duty, AWOL, soliciting another individual to commit an offense, and being recommended for Chapter 14 separation action. 3. DA Form 3822-R (Report of Mental Status Evaluation), dated 23 July 2013, indicating the applicant was diagnosed with an adjustment disorder with depressed mood and alcohol abuse by history; however, he was fit for all administrative action. On 23 July 2013, the applicant was screened for Post Traumatic Stress Disorder (PTSD) and mild Traumatic Brain Injury (TBI) with negative results. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293 and two certificates of achievement. He also listed the following documents on his DD Form 293 in support of his application; honor graduate MOS 92G, CAB, Afghanistan deployment and airborne school; however these documents were not attached to the application when it was submitted by the applicant. 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, the issues and documents 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 an Article 15, and several 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 he has proven himself as a Soldier and served his country. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. However, this service was determined not to be sufficiently mitigating to overcome the reason for discharge and the characterization of service granted. 5. The applicant further contends he is unable to find work. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 6. The records show the proper discharge and separation authority procedures were followed in this case. 7. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 15 July 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: 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) AR20140009684 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1