IN THE CASE OF: Mr.
BOARD DATE: 12 December 2014
CASE NUMBER: AR20140002514
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.
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 under other than honorable conditions discharge to honorable and a change to the reentry code.
2. The applicant states, in effect, he would like to reenlist in the military. He contends his discharge is based on one incident where he got into trouble while he had a medical evaluation board (MEB) pending for surgeries.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 3 February 2014
b. Discharge Received: Under Other Than Honorable Conditions
c. Date of Discharge: 15 August 2008
d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200,
Chapter 14-12c, JKQ, RE-3
e. Unit of assignment: B Troop, 1-11th Armored Cavalry Regiment,
Fort Irwin, CA
f. Current Enlistment Date/Term: 1 February 2006/3 years, 16 weeks (DD 214
shows a entry date as 060920)
g. Current Enlistment Service: 2 years, 6 months, 15 days
h. Total Service: 2 years, 6 months, 15 days
i. Time Lost: 222 days
j. Previous Discharges: None
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: 11B10
m. GT Score: 101
n. Education: College Graduate
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: NDSM, GWOTSM, ASR
r. Administrative Separation Board: Waived
s. Performance Ratings: NA
t. Counseling Statements: NIF
u. Prior Board Review: No
SUMMARY OF SERVICE:
The applicants available record indicates he enlisted in the Regular Army on 1 February 2006, for a period of 3 years and 16 weeks. He was 23 years old at the time of entry and a college graduate. His record is void of any significant acts of valor and achievement. He completed 2 years, 6 months, and 15 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Irwin, California.
SEPARATION FACTS AND CIRCUMSTANCES:
1. On 27 June 2008, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c, misconduct (serious offense). Specifically for, being AWOL from 21 June 2007 until 24 January 2008 and for wrongfully providing alcohol to persons under the age of 21.
2. Based on the above misconduct, the unit commander recommended an under other than honorable conditions discharge.
3. On 1 July 2008, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and did not submit a statement in 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 17 July 2008, the separation authority approved the applicants unconditional waiver and directed the applicants discharge with a characterization of service of under other than honorable conditions. The applicant was not directed to be reduced to the lowest enlisted grade.
5. The applicant was separated on 15 August 2008, under Army Regulation 635-200, Chapter 14-12c, with a under other than honorable conditions discharge, an SPD code of JKQ, and an RE code of 3.
6. The applicant’s record shows he was absent without leave (AWOL) during the period
21 June 2007 through 2 February 2008. He was dropped from the rolls (DFR) effective 31 July 2007. He was apprehended by civilian authorities and returned to military control on 24 January 2008.
EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:
1. DA Form 458 (Charge Sheet), dated 5 June 2007, reflects the applicant was charged with being AWOL from 21 June 2007 and remained so absent in desertion.
2. Two DA Forms 4187 (Personnel Actions) reflect the applicants duty status changed from present for duty (PDY) to AWOL effective 21 June 2007, and from AWOL to DFR effective 31 July 2007.
3. DA Form 616 (Report of Return of Absentee), dated 24 January 2008, reflects the applicant was apprehended by civilian authorities and returned to military control.
EVIDENCE SUBMITTED BY THE APPLICANT:
The applicant provided a DD 293, dated 28 January 2014 and a DD Form 214 covering the period of service under review.
The applicant did not provide any in support of his application.
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, 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 his discharge and a change to the reentry code was carefully considered. However, after examining the applicants service record, the issues submitted with the application, there are insufficient mitigating factors to merit a change to the reentry code or upgrade to the 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. The applicant diminished the quality of his service below that meriting a general or a fully honorable discharge. The applicants record of service was marred by 222 days of time lost due to being AWOL.
3. The applicant provided no independent corroborating evidence demonstrating that either the command’s action was erroneous or that the applicants service mitigated the misconduct or poor duty performance.
4. The applicant desires to rejoin the Military Service. 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.
5. The applicant contends the incident that caused his discharge was the only one in his entire Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant’s incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.
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: 12 December 2014 Location: Washington, DC
Did the Applicant Testify, NA
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
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 Conditionsc
ADRB Case Report and Directive (cont) AR20140002514
Page 6 of 6 pages
ARMY DISCHARGE REVIEW BOARD (ADRB)
CASE REPORT AND DIRECTIVE