IN THE CASE OF: Mr. BOARD DATE: 23 January 2015 CASE NUMBER: AR20140012676 ___________________________________________________________________________ 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 general, under honorable conditions discharge characterization to honorable. In addition, the applicant requests a change of his RE Code 3 to a RE Code 1. 2. The applicant states, in effect, his supporting medical documents and character statements were removed from his discharge packet prior to its submission to the separation authority. The applicant contends fellow Soldiers who had similar disciplinary infractions were allowed to reclassify into a different military occupational specialty (MOS) and remain in the Army. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 18 July 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 2 July 2013 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200 Chapter 14-12b, JKA, RE-3 e. Unit of assignment: B Company, 305th Military Intelligence Battalion, Fort Huachuca, Arizona f. Current Enlistment Date/Term: 27 February 2012/4 years, 8 weeks g. Current Enlistment Service: 1 year, 4 months, 6 days h. Total Service: 1 year, 4 months, 6 days i. Time Lost: None j. Previous Discharges: DEP, 110927-120226, N/A k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: None m. GT Score: 109 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 27 February 2012, for a period of 4 years and 8 weeks. He was 27 years old at the time of entry and a high school graduate. He completed 1 year, 4 months, and 6 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Huachuca, Arizona. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 22 April 2013 (date-stamped 7 May 2013), the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 14-12b, by reason pattern of misconduct. Specifically for the following offenses: a. using inappropriate language while in formation (130315), b. substandard room during health and welfare inspection (130307), c. late to PT formation (130220), d. making a false official statement (130114), e. disrespectful in language and deportment to an NCO (121214), f. failing to report to 0730 formation (121105), g. failing to follow company SOP in regards to 2350 bed check (120925), h. failing to shave (120916), i. failing to complete homework assignment (120710), j. smoking while in Black Phase IV (120703), k. missing items during clothing bag inspection (120621), l. drunk in the barracks while in Black Phase IV (120617); and m. violating company policy by having his cell on his person during the duty day (120607) 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 24 April 2013, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement on his own behalf. The applicant states he was on prescribed medication that caused drowsiness, which led to his failure to report on two separate occasions. The applicant further states, he did not intentionally disrespect the NCO nor did he intentionally make a false official statement. 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 13 May 2013, 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 2 July 2013, with a characterization of service of general, under honorable conditions under the provisions of AR 635-200, Chapter 14-12b, for pattern of misconduct, a Separation Program Designator code (SPD) of JKA, and a 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. An Article 15, dated 18 July 2012, for failing to go at the time prescribed to his appointed place of duty and failing to obey a lawful order by wrongfully consuming alcoholic beverages and being present in a designated smoking area while under Phase IV status (120616, 120703). The punishment consisted of a forfeiture of $347.00 per month for one month, 14 days of extra duty and restriction, and an oral reprimand (CG). 2. Memorandum, dated 17 October 2012, Subject: Endorsement of Intent to Appeal, applicant elected not to appeal his consideration for relief from the 35T course. The applicant’s final decision, as written on the memorandum, was made on 18 October 2012. 3. An Article 15, dated 12 February 2013, for failing to go at the time prescribed to his appointed place of duty x2 (120921, 121119), disrespect in language and deportment toward a noncommissioned officer (121214), and for making a false official statement (130114). The punishment consisted of a reduction to the grade of E-1 (suspended), forfeiture of $353.00 for one month (suspended), and 14 days of extra duty and restriction (CG). 4. DA Form 2627-2 (Record of Supplementary Action Under Article 15, UCMJ), dated 1 April 2013, unit commander vacated suspended punishment imposed on 12 February 2013. 5. Numerous negative counseling statements dated between 1 June 2012 and 7 March 2013, for using inappropriate language while in formation, having an unsecured locker, debt avoidance, failing to be at place of duty at the appointed time, violating company SOP, leaving the door unsecured, loss of clothing bag issue items, unsatisfactory academic probation, alcohol in the barracks, and initiation of discharge proceedings. 6. DA Form 3822 (Report of Mental Status Evaluation), dated 28 February 2013, reflects the applicant had a clear and normal thought process and was mentally responsible. 7. Orders number 177-0104, dated 26 June 2013, United States Army Intelligence Center of Excellence, Fort Huachuca, Arizona, discharged the applicant from the Regular Army, effective 2 July 2013. EVIDENCE SUBMITTED BY THE APPLICANT: 1. The applicant provided a DD Form 293, dated 15 July 2014, and a DD Form 214 covering the period of service under review. 2. The applicant provided the following in support of his request: a. Pharmacy records (3 pages), reflect medications prescribed to the applicant. b. Thirteen DD Forms 689 (Individual Sick Slips), dated between 20 August 2012, and 30 May 2013. c. Various medical documents that pertain to the applicant’s medical referrals, appointments, convalescent leave, and reported health ailments. d. Four character statements, written by fellow Initial Entry Training students, all of which reflect the applicant is dedicated, professional, and has the potential to become an outstanding NCO. e. Memorandum for Record, dated 29 April 2013, written by SFC N, states that although the applicant received numerous verbal and written counseling, she does not consider him to be a substandard Soldier. SFC N further states that the applicant’s sudden transformation could have been or still could be a benefit to the Army. 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. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12b, pattern of misconduct. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned a RE Code of 3. 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 pattern of misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge. The applicant’s record of service was marred by two Articles 15 and numerous counseling statements for multiple violations of 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 contends his discharge should be upgraded because his discharge packet was tampered with prior to its submission to the separation authority. However, the issue the applicant submitted is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. 5. The applicant contends that other Soldiers with similar offenses were reclassified into a different MOS and allowed to stay in the Army. However, the method in which another Soldier’s case was handled is not relevant to the applicant’s case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. 6. The applicant desires an upgrade of his RE Code 3 to a RE Code 1. 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 is 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. 7. The third party statements provided with the application speak highly of the applicant’s performance. They all recognize his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant’s chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 8. The records show the proper discharge and separation authority procedures were followed in this case. 9. 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: 23 January 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: No Change 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) AR20140012676 Page 7 of 7 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1