IN THE CASE OF: BOARD DATE: 12 January 2015 CASE NUMBER: AR20140017281 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony, 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 from general, under honorable conditions to honorable. 2. The applicant states, in effect, his request for an upgrade is due to him not getting a proper mental evaluation when the crime was committed or during his separation process. He was diagnosed with post traumatic stress disorder (PTSD) for mood disorder associated with kleptomania. This disorder is a repeat pattern in a person who steals for no apparent reason. This is seen in someone who has coexisting mood, anxiety, or eating disorder and major depression. The items he took were not needed for money but for the thrill. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 9 September 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 9 November 2010 d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200, 14-12c JKQ, RE-3 e. Unit of assignment: 32d Trans Co, MDM Trk, Fort Carson, CO f. Enlistment Date/Term: 28 May 2008, 3 years and 18 weeks g. Current Enlistment Service: 2 years, 5 months, 12 days h. Total Service: 2 years, 5 months, 12 days i. Time Lost: None j. Previous Discharges: DEP (080513-080527) k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 88M10, Motor Transport Operator m. GT Score: 98 n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Afghanistan (090415-100405) q. Decorations/Awards: AAM-2, ACM W/CS, NDSM, GWOTSM, ASR, OSR, NATO MDL, CAB r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: Yes SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 28 May 2008, for a period of 3 years and 18 weeks. He was 21 years old at the time of entry and was a high school graduate. He served in Afghanistan and earned several decorations and awards. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 14 October 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason misconduct (serious offense). Specifically for stealing two video games, a cologne set; a digital camera; and, one package of computer software valued at $375.00 from the property of Army and Air Force Exchange Service (AAFES). 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 15 October 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement on his own behalf (NIF). 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 26 October 2010, 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 9 November 2010, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), a Separation Program Designator code (SPD) of JKQ 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. The military police report indicated on 24 August 2010, the applicant was detained for larceny of AAFES property then later released to his first sergeant (1SG). 2. A negative counseling statement, dated 4 August 2010, for shoplifting at the Post Exchange (PX). EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an electronic DD Form 293 dated 25 August 2014, requesting an upgrade from general, under honorable conditions to an honorable discharge; and, he submitted his DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any 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 his 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 a military police report and a counseling statement. 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 was not given the proper mental evaluation at the time of the crime or the separation process. He contends he has been diagnosed with PTSD and it is associated with kleptomania that causes him to steal for a thrill repeatedly. The applicant’s records show a MEDCOM Form 4038 (Report of Behavioral Health Evaluation) dated, 28 September 2010. The mental status examination section indicates the applicant behavior as normal, level of alertness as fully alert; level of orientation as fully oriented; mood and affect as unremarkable; thinking process as clear; thought content as normal; and, memory as good. The impression section indicates the applicant “meets the retention requirements of Chapter, AR 40-501. 5. The records show the proper discharge and separation authority procedures were followed in this case. 6. 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: Personal Appearance Date: 12 January 2015 Location: Washington, DC Did the Applicant Testify? Yes Counsel: Yes Witnesses/Observers: None DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted no additional documents. 2. The applicant presented no additional contentions. In addition to the evidence in the record, the Board carefully considered the testimony presented by the applicant at the personal appearance hearing. 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: No Change 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) AR20140017281 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1