IN THE CASE OF: BOARD DATE: 5 June 2015 CASE NUMBER: AR20140010843 ___________________________________________________________________________ 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 from general, under honorable conditions to honorable. 2. The applicant states, in effect, his discharge was based on a few disciplinary actions. He contends he had good service which included attending several schools and receiving several awards. He believes because of his good service his discharge should be upgraded. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 16 June 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 26 January 2007 d. Reason/Authority/SPD/RE: Pattern of Misconduct, AR 635-200, Chapter 14, paragraph 14-12b, JKA, RE-3 e. Unit of assignment: HHB, 2nd Bn, 43rd AD, Fort Bliss, TX f. Current Enlistment Date/Term: 1 July 2005, 6 years g. Current Enlistment Service: 1 year, 6 months, 26 days h. Total Service: 4 years, 5 months, 12 days i. Time Lost: None j. Previous Discharges: RA-020815-050630/HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 14T1P, Patriot Operator/Maintainer m. GT Score: 108 n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Kuwait/Iraq (030323-030530) q. Decorations/Awards: ARCOM, AAM-2, AGCM, NDSM, GWOTEM, GWOTSM, ASR, MOVSM r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 15 August 2002, for a period of 4 years. He was 19 years old at the time of entry and a high school graduate. On 1 July 2005, he reenlisted for a period of 6 years. His record indicates he served in Kuwait/Iraq; achieved the rank of SPC/E-4; and received several awards to include the ARCOM, two AAMs and the AGCM. He was serving at Fort Bliss, TX when his separation was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 4 January 2007, 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. publicly urinating outside the barracks, b. numerously missing formations for which he received an Article 15 and additionally receiving a Field Grade Article 15 for a DUI, and c. failing to obey the company's policy letter by having unauthorized guests in the barracks without signing them in. 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 10 January 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waive consideration of his case by an administrative separation board which he was not entitled too, 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. 4. On 11 January 2007, 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 26 January 2007, 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 record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A General Officer Memorandum of Reprimand dated 22 April 2004, for driving while intoxicated with a blood alcohol concentration of .170. 2. Article 15, imposed on 4 May 2004, for driving while intoxicated with an alcohol concentration in his blood of .170 grams (040328). The punishment consisted of reduction to the grade of E-1, forfeiture of $596.00 pay per month for two months (suspended), and extra duty and restriction for 45 days (FG). 3. Article 15, imposed on 9 August 2006, for failure to go at the time prescribed to his appointed place of duty (060717). The punishment consisted of reduction to the grade of E-3 and extra duty and restriction for 14 days (CG). 4. Several negative counseling statements dated between 20 November 2005 and 15 December 2006, for having an unauthorized visitor in the barracks, failing to be at his appointed place of duty, insubordinate conduct towards a noncommissioned officer, indecent exposure, and notification of pending separation actions. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293. POST-SERVICE ACTIVITY: None was provided with the 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, the document and the issue 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 Article 15s for multiple violations of the Uniform Code of Military Justice 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 had good service which included attending several schools and receiving several awards and believes his discharge should be upgraded. 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 warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct, or by the multiple negative counseling statements and the documented actions under Article 15 of the Uniform Code of Military Justice. 5. Furthermore, a UOTHC discharge is normally appropriate for a member separated by reason of misconduct. It appears the applicant’s generally good record of service was the basis for him receiving a general, under honorable conditions discharge instead of the normal under other than honorable conditions discharge. However, his misconduct clearly diminished his overall record of service below that meriting a fully honorable discharge. 6. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with his overall service record. 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: 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: 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) AR20140010843 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1