IN THE CASE OF: Mr. BOARD DATE: 5 December 2014 CASE NUMBER: AR20140014337 ___________________________________________________________________________ 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. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 12a, contains an incorrect date entered AD this period. 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 under other than honorable conditions discharge to honorable. 2. The applicant states, in effect, there was a unit mishap on his paperwork; he served the entire four years. In addition, the applicant contends his discharge was supposed to be characterized as honorable, not general. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 13 August 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 11 October 2013 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200, Chapter 14-12c, JKQ, RE-3 e. Unit of assignment: Headquarters Support Company, 412th Aviation Support Battalion, APO AE f. Current Enlistment Date/Term: 20 October 2009/4 years g. Current Enlistment Service: 3 years, 11 months, 21 days h. Total Service: 3 years, 11 months, 21 days i. Time Lost: None j. Previous Discharges: DEP, 090625-091019, N/A k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 94E10, Radio & Comsec Repairer m. GT Score: 113 n. Education: HS Graduate o. Overseas Service: Germany p. Combat Service: None q. Decorations/Awards: AGCM, NDSM, GWOTSM, ASR, OSR r. Administrative Separation Board: No 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 20 October 2009, for a period of 4 years. He was 18 years old at the time of entry and a high school graduate. He served in Germany and completed 3 years, 11 months, and 21 days of active duty service. When his discharge proceedings were initiated, he was serving at Ansbach, Germany. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 29 April 2013, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 14-12c, by reason misconduct (serious offense). Specifically for being found guilty via a summary court-martial held on 3 October 2012 of wrongfully using, distributing, and attempting to distribute a synthetic cannabis known as “spice.” 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 30 April 2013, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action and elected not to submit a statement on his own behalf. 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 an under other than honorable conditions discharge. 4. On 13 June 2013, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions. 5. On 3 July 2013, the Seventh U.S. Army Joint Multinational Training Command Commanding General suspended the applicant’s administrative separation pending the outcome of the CID investigation. Thus, retaining the applicant indefinitely in the Army beyond the expiration of his current term of service. 6. The applicant was discharged from the Army on 11 October 2013, with a characterization of service of under other than honorable conditions under the provisions of AR 635-200, Chapter 14-12c, for misconduct (serious offense), a Separation Program Designator code (SPD) of JKQ and an RE code of 3. 7. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. On 21 August 2012, the applicant offered to plead guilty to Charges I, II, and II, with all specifications associated to each charge and agreed to waive his right to a hearing before an administrative board. 2. DA Form 4430 (Department of the Army Report of Result of Trial), dated 3 October 2012, applicant was found guilty on Charge I (violation of Article 112a), Charge II (violation of Article 92), and Charge III (violation of Article 80). 3. Three negative counseling statements, dated between 26 November 2012 and 12 December 2012, for failing to report to work on time, failing to report to formation, and the initiation of a flag. 4. A CID Report, dated 29 March 2012, indicates the applicant was the subject of an investigation for wrongful use and introduction of spice with intent to distribute, wrongful distribution of spice, and failure to obey order. 5. An email, dated 3 July 2013, a sensitive security information (SSI) indicates the applicant was the subject of investigation for allegations of sexual assault on a local national. The German Criminal Police agreed to work a joint investigation with CID. The record is void of any findings of this case. 6. DA Form 3822 (Report of Mental Status Evaluation), dated 8 January 2013, reflects the applicant had a clear and normal thought process and was mentally responsible. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 22 May 2014, and a DD Form 214 covering the period of service under review. POST-SERVICE ACTIVITY: None were 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, his military records, the documents 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 misconduct, the applicant diminished the quality his service below that meriting a general or a fully honorable discharge. 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 it was supposed to be characterized as honorable, not general. 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 there was a unit mishap on his paperwork; he served the entire four years. However, the applicant’s requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 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, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 5 December 2014 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) AR20140014337 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1