AR20140003035

IN THE CASE OF: Mr.

BOARD DATE: 28 January 2015

CASE NUMBER: AR20140003035
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicants record of service during the period of enlistment under review and considering 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 to include his combat service 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 general, under honorable conditions. The Board determined the reason for discharge was proper and equitable and voted not to change it. This action entails restoration of grade to E-4/SPC.

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 under other than honorable to general, under honorable conditions or honorable.

2. The applicant states, in pertinent part and in effect, he was discharged after many months of being harassed by his commanders because of personal and medical issues with his family. An upgrade would allow him to receive VA benefits that he earned from serving two conflicts.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 10 February 2014
b. Discharge Received: Under Other Than Honorable Conditions
c. Date of Discharge: 17 October 2012
d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200,
Paragraph 14-12c, JKQ, RE-3
e. Unit of assignment: HHD, 61st Multi-Functional Med Bn, 1st Med Bde,
Fort Hood, TX
f. Current Enlistment Date/Term: 14 February 2007, 4 years, 14 weeks
g. Current Enlistment Service: 5 years, 8 months, 4 days
h. Total Service: 13 years, 8 months, 4 days
i. Time Lost: None
j. Previous Discharges: USMCR (920518-960901) / GD
IRR (960902-000517/ NA
k. Highest Grade Achieved: E-5
l. Military Occupational Specialty: 92Y10, Unit Supply Specialist
m. GT Score: 116
n. Education: HS Graduate
o. Overseas Service: Germany, SWA
p. Combat Service: Iraq (080612-090915)
q. Decorations/Awards: PH, ARCOM; AAM-3; AGCM-2; NDSM; ICM-2CS;
GWOTSM; NPDR; ASR; USMCRM; OSR-2; USN &
USMC OSR; SWASM; AFRM; KLM-K
r. Administrative Separation Board: NIF
s. Performance Ratings: Yes
t. Counseling Statements: NIF
u. Prior Board Review: No

SUMMARY OF SERVICE:

The record shows the applicant enlisted in the Regular Army on 14 February 2007, for a period of 4 years and 14 weeks; however, a subsequent reenlistment is not available that corresponds with a record of an ETS of 11 July 2014. He was 35 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 92Y10, Unit Supply Specialist. He served in Germany, Iraq, and Kuwait. He earned a PH, an ARCOM, and three AAM awards. He completed 13 years, 8 months, and 4 days of active duty and reserve service.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The applicants service record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicants signature. The record is also limited to the separation authoritys decision memorandum.

2. On 27 September 2012, the separation authority approved the unconditional waiver request, waived further rehabilitation, and directed the applicants discharge with a characterization of service of under other than honorable conditions and that he would be reduced to the lowest enlisted grade of E-1.

3. The DD Form 214 indicates that on 17 October 2012, the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c, for misconduct (serious offense), with a characterization of service of under other than honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JKQ, and a reentry (RE) code of 3.

4. The applicants available record does not show any recorded actions under the UCMJ, unauthorized absences or time lost. However, the applicant was initially reduced to SPC/E-4 on 21September 2012, and the action that caused his reduction is not contained in the service record.

5. On 17 October 2012, HQDA, III Corps and Fort Hood, Fort Hood, TX, Orders Number 279-0115, discharged the applicant from the Army, effective 17 October 2012.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. There is no record of any negative counseling statement.

2. Discharge Orders and ERB.

3. Three NCOERs as follows:

a. An Annual report covering the period 11 February 2011 through 10 February 2012. The applicant was rated as Marginal and received 5/5 from the senior rater.
b. A Change of Rater report covering the period 5 March 2010 through 10 February 2011. The applicant was rated as Marginal and received 4/3 from the senior rater.
c. A Change of Rater report covering the period 1 April 2009 through 30 November 2009. The applicant was rated as Fully Capable and received 2/1 from the senior rater.

4. DA Form 1059, Service School Academic Evaluation Report, dated 18 June 2009, indicates the applicant achieved the course standards of the Warrior Leader Course.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 214 for service under current review.

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 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, paragraph 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 the characterization of his discharge was carefully considered.

2. After examining the applicants record of service, his military records, and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant’s discharge to general, under honorable conditions for the following reasons:

a. Length and quality of service: The applicant served 5 years and 8 months and the preponderance of his service appears honorable.

b. The record confirms the applicant received several awards, specifically a PH, an ARCOM and three AAM awards, one of which was for a tour in combat.

c. The applicants contention that an upgrade would allow him to receive VA benefits that he earned from serving two conflicts.

3. This recommendation is made after full consideration of all of the applicants faithful and honorable service, as well as the record of misconduct according to his record of service, although there is insufficient evidence available in the official record to determine the actual basis for his discharge. However, the available evidence in this case supports a conclusion that the applicants characterization of service may now be too harsh and as a result inequitable.

4. In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. However, the reason for the discharge appears fully supported by the record of his discharge, therefore, remains both proper and equitable.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 28 January 2015 Location: Washington, DC

Did the Applicant Testify, NA

Counsel/Representative: None

Witnesses/Observers: NA

Board Vote:
Character Change: 3 No Change: 2
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: General, Under Honorable conditions
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) AR20140003035

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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