AR20140000074

IN THE CASE OF:

BOARD DATE: 24 November 2014

CASE NUMBER: AR20140000074
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicants record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh based on the applicants length and quality of his service, and the circumstances surrounding his discharge, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it.

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 APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests to upgrade the characterization of his service from general, under honorable conditions to fully honorable.

2. The applicant states, in pertinent part and in effect, when he returned from Afghanistan, he was severely depressed and dealt with anxiety. He was prescribed multiple medications with little or no effect, and some made the depression and suicidal thoughts worse. He eventually tried to take his life and was hospitalized for one and a half weeks off-post. He was re-diagnosed with depression. His leadership understood what he was going through. He agreed to a Chapter 13 with an honorable discharge. He wanted to pursue treatment with doctors in Texas where his family resided; however, he returned home quickly and lost the privilege of being honorably discharge. He desires to be a firefighter; however, it requires an honorable discharge to train in that career field. He is still seeking treatment for his mental health conditions that began during deployment. He has been diagnosed with depression, anxiety, Traumatic Brain Injury (TBI), headaches, memory loss, and a variety of medical issues. He is seeking help at a VA Medical Center with the hope of returning to the work force as a strong firefighter so that he may be able to provide for his son and his future.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 18 December 2013
b. Discharge Received: General, Under Honorable Conditions
c. Date of Discharge: 25 April 2013
d. Reason/Authority/SPD/RE Code: Unsatisfactory Performance, AR 635-200, Chapter 13,
JHJ, RE-3
e. Unit of assignment: A Co, 1st Bn, 24th Infantry Regiment, Fort
Wainwright, AK
f. Current Enlistment Date/Term: 14 April 2010, 5 years, 16 weeks
g. Current Enlistment Service: 3 years, 12 days
h. Total Service: 3 years, 12 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-4
l. Military Occupational Specialty: 11B10, Infantryman
m. GT Score: 109
n. Education: HS Graduate
o. Overseas Service: SWA
p. Combat Service: Afghanistan (110425-120417)
q. Decorations/Awards: ARCOM; NDSM; ACM-2CS; GWOTSM; ASR; OSR;
NATO MDL
r. Administrative Separation Board: No
s. Performance Ratings: None
t. Counseling Statements: Yes
u. Prior Board Review: No

SUMMARY OF SERVICE:

The record shows the applicant enlisted in the Regular Army on 14 April 2010, for a period of 5 years and 16 weeks. He was 20 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman. He served in Afghanistan and earned an ARCOM. He completed 3 years and 12 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The applicants service record shows that on 4 April 2013, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance specifically for being unable to perform satisfactorily by not progressing as a Soldier, and due to his performance as a Soldier being substandard, failing to follow simple orders, and not showing any improvement, it was determined he was unqualified for further military service.

2. The unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.

3. On 8 April 2013, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.

4. On 8 April 2013, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions.

5. The applicant was discharged from the Army on 25 April 2013, with a characterization of service of general, under honorable conditions.

6. The applicants service record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. Four negative counseling statements, dated between 10 February 2013 and 20 March 2013, for being insubordinate towards an NCO, disobeying an NCO; and performing unsatisfactorily.

2. Report of Mental Status Evaluation, dated 19 March 2013, indicates the applicant was diagnosed with anxiety disorder, not otherwise specified and that the results of the screening for PTSD and TBI were negative.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a self-authored statement.

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 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander’s judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.

2. Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases.

DISCUSSION AND RECOMMENDATION:

1. The applicants request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicants record of service, his military records, and the document and 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 applicants 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. By the unsatisfactory performance, the applicant diminished the quality of his service below that meriting an honorable characterization of service.

3. The applicant provided no independent corroborating evidence demonstrating that either the command’s action was erroneous or that his service mitigated the misconduct or poor duty performance.

4. The applicant contends he has been diagnosed with depression, anxiety, TBI, headaches, memory loss, and a variety of medical issuessymptoms he dealt with upon returning from a deployment. However, the service record contains no evidence of a TBI diagnosis and the applicant did not submit any evidence to support the contention that the discharge may have been the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication.

5. The applicant contends that an upgrade of his discharge will allow him to obtain better employment, such as becoming a firefighter that requires an honorable discharge to train in the career field. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

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 applicants discharge is commensurate with his overall service record. Accordingly, 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.

BOARD DETERMINATION AND DIRECTED ACTION

After carefully examining the applicants record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation, the Board determined that the characterization of service was too harsh based on the applicants length and quality of his service, and the circumstances surrounding his discharge, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 24 November 2014 Location: Washington, DC

Did the Applicant Testify, No

Counsel: None

Board Vote:
Character Change: 5 No Change: 0
Reason Change: 0 No Change: 5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214: Yes
Change Characterization to: Honorable
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) AR20140000074

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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