AR20140003562

IN THE CASE OF: Mr.

BOARD DATE: 11 February 2015

CASE NUMBER: AR20140003562
___________________________________________________________________________

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.

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 a reentry code be annotated on his DD 214. In addition, the applicant requests the narrative reason for separation be removed entirely.

2. The applicant did not submit any issues of equity or propriety for the board to consider.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 21 February 2014
b. Discharge Received: Honorable
c. Date of Discharge: 21 August 2013
d. Reason/Authority/SPD/RE Code: Unacceptable Conduct, AR 600-8-24,
Paragraph 4-2B, JNC, N/A
e. Unit of assignment: B Company, 2d Battalion, 11th Infantry
Regiment, Fort Benning, GA
f. Current Enlistment Date/Term: 4 November 2012/3 years
g. Current Term Service: 9 months, 18 days
h. Total Service: 1 year, 3 months, 23 days
i. Time Lost: None
j. Previous Discharges: DEP, 110713-120429, N/A
RA, 120430-121003, HD
k. Highest Grade Achieved: O-1
l. Military Occupational Specialty: 11A, Infantry
m. GT Score: NIF
n. Education: Bachelors Degree
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: NDSM, ASR
r. Administrative Separation Board: N/A
s. Performance Ratings: None
t. Counseling Statements: None
u. Prior Board Review: N/A
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 30 April 2012, for a period of 3 years and
24 weeks. He was 22 years old at the time of entry and a college graduate. He was accepted into the Infantry Basic Officer Leader Course, with a report date of 4 November 2012 and an active duty commitment of 3 years. He completed 1 year, 3 months, and 23 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Benning, Georgia.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The evidence of record shows that on 16 April 2013, the applicant was notified of initiation of elimination proceedings under the provisions of AR 600-8-24, Chapter 4, Paragraph 4-2B, by reason of misconduct, moral or professional dereliction.

2. The applicant was directed to show cause for retention on active duty because of misconduct, moral and professional dereliction based on his misconduct while assigned to his current unit. He was advised that he could submit a voluntary resignation in lieu of elimination, request a discharge in lieu of elimination, or submit a rebuttal statement.

3. On 17 May 2013, the applicant submitted a rebuttal statement under the provisions of AR 600-8-24, Chapter 4, in lieu of further elimination proceedings. In the statement, the applicant states he was informed that he would receive a General Officer Memorandum of Reprimand (GOMOR) and an Article 15, both of which would be permanently filed in his military records, his on-post driving privileges would be suspended, enrolled into the Army Substance Abuse Program, allowed to finish training and report to his new unit to finish his service obligation, and possibly not be promoted to Captain. The applicant states, knowing the consequences of his actions, he still wished to serve his country. The applicant acknowledged that he showed poor judgment and did not live up to the Army expectations. The applicant was a probationary officer and therefore not entitled to appear before a board of officers (Board of Inquiry). The applicants chain of command recommended that he be eliminated from the service with a characterization of service of honorable.

4. On 18 June 2013, the Commander, Headquarters, United States Army Garrison, Fort Benning, GA, recommended approval of the applicant’s elimination from the Service under the provisions of AR 600-8-24, Chapter 4, paragraph 4-2b(14), with an honorable discharge.

5. On 14 August 2013, the Acting Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed the applicants discharge with a characterization of service of honorable.

6. The applicant was discharged from the Army on 21 August 2013, with a characterization of service of honorable.

7. The applicants service record contains no evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. A General Officer Memorandum of Reprimand, dated 20 February 2013, for driving while intoxicated.

2. Army Human Resource Command Electronic message, dated 15 August 2013, Subject: Officer Elimination, informs the commander, United States Army Maneuver Center of Excellence, that the applicant will be eliminated from the United States Army, with a characterization of service of honorable, authority for separation will cite message and AR 600-8-24, Chapter 4, paragraph 4-2B for misconduct and moral or professional dereliction of duty, and assigned an SPD code of JNC.

3. Discharge Order Number 231-2217, dated 19 August 2013, Headquarters, United States Army Garrison, Fort Benning, GA, reflects applicant was discharged from the Regular Army, with an effective date of 30 August 2013.

4. Amendment Order Number 232-2216, dated 20 August 2013, Headquarters, United States Army Garrison, Fort Benning, GA, rescinds the effective date of discharge to read 21 August 2013.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 15 January 2014, a DD Form 214 covering the period of service on active duty training.

POST-SERVICE ACTIVITY:

None provided with the application.

REGULATORY AUTHORITY:

1. Army Regulation (AR) 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security.

2. AR 600-8-24, paragraph 1-22a, provides that an officer will normally receive an honorable characterization of service when the quality of the officers service has met the standards of acceptable conduct and performance of duty. An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.

3. A general under honorable conditions characterization of service will normally be issued to an officer when the officers military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A separation under honorable conditions will normally be appropriate when an officer submits an unqualified resignation or a request for relief from active duty under circumstances involving misconduct which renders the officer unsuitable for further service, unless an under other than honorable conditions separation is appropriate.

4. A discharge under other than honorable conditions is an administrative separation from the service under conditions other than honorable. An officer will normally receive an under other than honorable conditions when they resign for the good of the service, are dropped from the rolls of the Army, are involuntarily separated due to misconduct, moral or professional dereliction, or for the final revocation of a security clearance as a result of an act or acts of misconduct.
5. AR 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 “JNC” as the appropriate code to assign officer Soldiers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4, paragraph 4-2b, unacceptable conduct.

6. AR 635-8, Separation Processing and Documents, paragraph 5-6aa, specifically states reentry codes are not applicable to officers, USMA cadets who fail to graduate, or to RC Soldier being separated for other than cause.

DISCUSSION AND RECOMMENDATION:

1. The applicants request for a change to the narrative reason for separation was carefully considered. However, after examining the applicants record of service, the documents and the issue submitted with the application, there are insufficient mitigating factors to merit a change to the narrative reason for separation.

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 Army officers. 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 an honorable discharge.

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

4. The applicant requested a change in the reason for the discharge. AR 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 “JNC” as the appropriate code to assign officer Soldiers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4, paragraph 4-2b(14), for unacceptable conduct. The regulation further stipulates that no deviation is authorized.

5. The applicant requested a reentry code be annotated on his DD 214. Per AR 635-8, Separation Processing and Documents, paragraph 5-6aa, reentry codes are not applicable to officers, USMA cadets who fail to graduate, or to RC Soldier being separated for other than cause. The applicant was an officer at the time of discharge; therefore, a reentry code is not applicable in this case.

6. The records show the proper discharge and separation authority procedures were followed in this case.

7. Therefore, the reason for discharge is proper and equitable, recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 11 February 2015 Location: Washington, DC

Did the Applicant Testify, NA

Counsel: None

Witnesses/Observers: NA

Board Vote:
Character Change: NA No Change: NA
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: NA
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) AR20140003562

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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