AR20140000504

IN THE CASE OF: Mr.

BOARD DATE: 3 December 2014

CASE NUMBER: AR20140000504
___________________________________________________________________________

Board Determination and Directed Action

1. 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 to be both proper and equitable and voted to deny relief.

2. Further, notwithstanding the propriety of the applicant’s discharge, the Board noted certain administrative errors on the applicant’s DD Form 214 and directed the following changes as approved by the separation authority:

a. block 25, separation authority changed to AR 635-200, paragraph 14-12c,
b. block 26, separation code changed to JKQ,
c. block 28, narrative reason for separation changed to Misconduct (Serious Offense).

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 an upgrade of his discharge characterization from general, under honorable conditions to fully honorable and a change to the narrative reason for the discharge.

2. He states, in effect, that his pattern of misconduct was due to him going AWOL. He asked his commander if he could return home to fix issues regarding his son and was declined. His sons mother was and still is a bad drug addict. She wasn’t doing right by his son. When he was going through the discharge process they never asked if he wanted to continue his service. Also, after he went AWOL, his roommate stole all of his gear and other things from his room. He had to repay almost $2,000.00 and his NCO informed him that it was nothing that could be done about it.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 24 December 2013
b. Discharge Received: General, Under Honorable Conditions
c. Date of Discharge: 9 February 2009
d. Reason/Authority/SPD/RE: Pattern of Misconduct, Chapter 14-12b, JKA, RE-3
e. Unit of assignment: 1st Battalion, 18th Infantry, 2nd Heavy Brigade Combat Team (RD) (P), Fort Riley, KS
f. Current Enlistment Date/Term: 18 January 2007, 3 years, 16 weeks
g. Current Enlistment Service: 7 months, 22 days
h. Total Service: 7 months, 22 days
i. Time Lost: 522 days
j. Previous Discharges: None
k. Highest Grade Achieved: E-1
l. Military Occupational Specialty: 11B10, Infantryman
m. GT Score: 98
n. Education: HS Graduate
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: NDSM, GWOTSM, ASR
r. Administrative Separation Board: No
s. Performance Ratings: None
t. Counseling Statements: Yes
u. Prior Board Review: None

SUMMARY OF SERVICE:

The applicant’s record shows he enlisted in the Regular Army on 18 January 2007, for a period of 3 years and 16 weeks. He was 21 years old at the time and a high school graduate. The applicants record does not show any significant achievements or acts of valor. The applicant was serving at Fort Riley, KS, when he went AWOL.

SEPARATION FACTS AND CIRCUMSTANCES

1. On 23 January 2009, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct; commission of a serious offense specifically for going AWOL (from 5 May 2008 through 4 January 2009).

2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and informed the applicant of his rights.

3. On 27 January 2009, 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 of a general, under honorable conditions discharge.

4. On 3 February 2009, the separation authority, waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions under the provisions of AR 635-200, paragraph 14-12c, for commission of serious offense.

5. The DD Form 214 shows the applicant was separated on 9 February 2009, under Army Regulation 635-200, Chapter 14-12b, pattern of misconduct, with a general, under honorable conditions discharge, an SPD code of JKA and an RE code of 3.

6. The applicants record shows two periods of lost time totaling 521 days (070526-080226 and 080505-090103). The applicant was apprehended after the first period of AWOL by civilian authorities but the second mode of return is unknown.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD

1. FG Article 15, dated 21 January 2009, for going AWOL (080505-090104). The punishment imposed consisted of forfeiture of $700.00 pay per month for two months, and extra duty and restriction for 45 days and an oral reprimand.

2. Two negative counseling statements, dated 5 January 2009, for AWOL and chapter notification.

3. Three DA Forms 4187, dated 5 May 2008, 6 June 2008, and 5 January 2009, changing his military status from present for duty to AWOL, from AWOL to DFR, and from DFR to present for duty, respectively.

EVIDENCE SUBMITTED BY THE APPLICANT

The applicant submitted an online DD Form 293 and DD Form 214.

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 members 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 Soldiers 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 “JKQ” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12c, for misconduct (serious offense).

5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of “JKQ” will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1. The applicants request for an upgrade of the characterization and the reason for his discharge were carefully considered. However, after examining his military records and the issues submitted with the application, there are insufficient 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. It brought discredit on the Army and was prejudicial to good order and discipline. By the repeated incidents of serious misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge. The applicants service was marred by him going AWOL on two occasions.

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 asked his commander if he could return home to fix issues regarding his son and was declined. His sons mother was and still is a bad drug addict and still isnt doing right by his son. The applicants contentions are noted; however, the record of evidence does not show he used his chain of command, the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers to help resolve his issues. Likewise, he has provided no evidence that he should not be held responsible for his misconduct.

5. The applicant contends when he was going through the discharge process, he was never asked if he wanted to continue his service. However, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier.

6. The applicant contends after he went AWOL, his roommate stole all of his gear and other things from his room. He had to repay almost $2,000.00 and his NCO informed him that it was nothing that could be done about it. 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.

7. The applicant also requested a change to the reason for his discharge. However, the applicants discharge was directed under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 with a general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is “misconduct (serious offense), and the separation code is “JKQ.” Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation.

8. 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.

9. The review of the applicants record also revealed that someone in the discharge process erroneously entered the reason for separation as pattern of misconduct. The separation authority approved the discharge under the provisions of AR 635-200, paragraph 14-12c, for misconduct (serious offense).

10. In view of the foregoing, the characterization of service being both proper and equitable, recommend the Board to deny relief. Further, it is recommended that block 25 be changed to read separation authority to AR 635-200, paragraph 14-12c, block 26, separation code to JKQ, and block 28, reason for separation to Misconduct (Serious Offense), as it was approved by the separation authority.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 3 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: Yes
Change Characterization to: No Change
Change Reason to: Misconduct (Serious Offense
Change Authority for Separation: AR 635-200, Chapter 14, Paragraph 14-12c
Change RE Code to: NA
Grade Restoration to: NA
Other: Separation Program Designator (SPD) code to JKQ

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) AR20140000504

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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