IN THE CASE OF: BOARD DATE: 5 June 2015 CASE NUMBER: AR20140010015 ___________________________________________________________________________ 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. 2. The applicant presented no specific issue(s). DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 June 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 6 July 2009 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, Paragraph 14-12b, JKA, RE-3 e. Unit of assignment: B Co, 4th Bn, 3rd Aviation Regiment, Combat Aviation Brigade, 3rd and Fort Stewart, Hunter Army Airfield, GA f. Current Enlistment Date/Term: 28 August 2007, 5 years 07-01-29 g. Current Enlistment Service: 1 year, 10 months, 9 days h. Total Service: 9 years, 0 months, 8 days i. Time Lost: None j. Previous Discharges: RA (000629-050227) / HD RA (050228-070827) / HD k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 15T20, UH-60 Helicopter Repairer m. GT Score: 108 n. Education: HS Graduate o. Overseas Service: Hawaii, SWA p. Combat Service: Iraq (060720-071003), Afghanistan (040408-050402) q. Decorations/Awards: Air MDL-3; ARCOM; AAM; AGCM-2; NDSM; ICM-CS; GWOTEM; GWOTSM; OSR-2; MUC r. Administrative Separation Board: No, unconditionally waived s. Performance Ratings: Yes t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 29 June 2000, and reenlisted twice thereafter. The latter reenlistment was on 28 August 2007, for a period of 5 years. He was 18 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 15T20, UH-60 Helicopter Repairer. He served in Hawaii, Afghanistan, and Iraq. He earned three Air Medals, an ARCOM and an AAM. He completed 9 years and 8 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record shows on 5 June 2008, 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. Violation of Article 90, UCMJ (090525), for willfully disobeying a lawful command from MAJ S, his superior commissioned officer, to wit: no driving on or off post without consent from MAJ S, CPT R, and 1SG C. b. Violation of Article 107, UCMJ, (090525), for making a false official statement with the intent to deceive, that the traffic ticket was for his wife and that he (the applicant) was not driving. c. Violation of Article 134, UCMJ, (090512), for being arrested by a civilian police department for enticing a child which conduct was discrediting toward the Armed Forces. 2. The unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. On 23 June 2009, the applicant after initially waiving his right to consult with a legal counsel, consulted with a 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 recommended approval of the separation with a general, under honorable conditions discharge. 4. On 24 June 2009, 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. The applicant was reduced to the lowest enlisted grade of E-1. 5. The applicant was discharged from the Army on 15 October 2005, with a characterization of service of under other than 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 JKB 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. Memorandum, dated 29 May 2009, subject Administrative Reduction UP AR 600-8-19 [the applicant], indicates the applicant was informed of an initiation of an administrative reduction to E-4 for misconduct and his rights associated with appearing before an administrative reduction board. The applicant, subsequently, declined to appear before the board. 2. Six negative counseling statements, dated between 12 May 2009 and 4 June 2009, for being informed of a recommendation to involuntarily separate him from the Service; being arrested by civil authorities for enticing a child for indecent purposes, a felony charge; imposition of a no-contact order with his spouse and daughter; modification of the no-contact order; being issued a traffic ticket for failing to use a seat belt; disobeying a commissioned officer; and initiation and imposition of a bar to reenlistment. 3. An MP Desk Blotter, dated 13 May 2009, indicates the applicant was the subject of an investigation for enticing a child for indecent purposes by civil authorities. 4. DA Form 4187, Personnel Action, dated 14 May 2009, indicates the applicant’s duty status changed from CCA to PDY, effective 12 May 2009. 5. DA Form 4187, Personnel Action, dated 14 May 2009, indicates the applicant’s duty status changed from PDY to CCA, effective 11 May 2009. 6. One NCOER, an “Annual” report, covering the period of 1 October 2007 to 30 September 2008. The applicant was rated as “Fully Capable” and received 2/2 from the senior rater. 7. DA Form 1059, Service School Academic Evaluation Report, dated 12 February 2008, indicates the applicant “Marginally Achieved” the course standards of the Warrior Leader Course. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided none. 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. 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 and his military records, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The record confirms 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 general or a fully honorable discharge. The applicant’s record of service was marred by documentary evidence of multiple violations of the Uniform Code of Military Justice or by the administrative reduction in grade, military and civilian police reports of a serious incident of misconduct, 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 records show the proper discharge and separation authority procedures were followed in this case. 5. 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: 5 June 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 IADT – Initial Active Duty Training OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade MP – Military Police RE - Reentry Honorable Conditions ADRB Case Report and Directive (cont) AR20140010015 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1