AR20140003588

IN THE CASE OF: Mr.

BOARD DATE: 17 April 2015

CASE NUMBER: AR20140003588
___________________________________________________________________________

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 an upgrade of his discharge from general, under honorable conditions to honorable.

2. The applicant states, in effect, the base commander considered his driving under the influence (DUI) a serious offense; and there was no civilian penalty, serious or otherwise levied against him.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 24 February 2014
b. Discharge Received: General, Under Honorable Conditions
c. Date of Discharge: 22 August 2013
d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200, Chapter 14, paragraph 14-12c, JKQ, RE-3
e. Unit of assignment: 98th Maintenance Company, 17th Combat Sustainment Support Battalion, Joint Base Elmendorf- Richardson, AK
f. Current Enlistment Date/Term: 28 March 2011, 3 years and 24 weeks
g. Current Enlistment Service: 2 years, 4 months, 25 days
h. Total Service: 2 years, 4 months, 25 days
i. Lost time: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: 91C10, Utilities Equipment Repairer
m. GT Score: 101
n. Education: HS Graduate
o. Overseas Service: Alaska/Southwest Asia
p. Combat Service: Kuwait (120128-121011)
q. Decorations/Awards: AAM, NDSM, GWOTEM, GWOTSM, ASR, OSR
r. Administrative Separation Board: No
s. Performance Ratings: No
t. Counseling Statements: No
u. Prior Board Review: No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 28 March 2011, for a period of 3 years and 24 weeks. He was 28 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 91C10, Utilities Equipment Repairer. His record shows he served a combat tour, earned an AAM; and he achieved the rank of PFC/E-3. He was serving at Joint Base Elmendorf-Richardson, AK when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The evidence contained in the applicants service record indicates on 1 July 2013, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense, for being arrested for driving under the influence of alcohol (130330).

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

3. On 3 July 2013, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on 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 a general, under honorable conditions discharge.

4. 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 22 August 2013, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), with a Separation Program Designator code (SPD) of JKQ and an RE code of 3.

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

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. An Article 15, dated 15 May 2013, for driving a passenger car while drunk (130330); the punishment consisted of a reduction to E-1, forfeiture of $758 pay for two months (suspended), extra duty for 45 days and restriction for 45 days, (FG).

2. An administrative General Officer Memorandum for Record (GOMOR), dated 9 May 2013, for driving under the influence of alcohol.

3. A Military Police Report dated 8 April 2013, indicating the applicant was under investigation for drunken driving on post.

4. Implied Consent Warning, dated 30 March 2013, indicating the applicant was arrested for DUI and asked to submit to a chemical test, with associated documents.

5. A State of Alaska, Division of Motor Vehicles document, dated 30 March 2013, indicating the applicant drivers license was revoked for being over the legal limit for DUI.

6. A memorandum for record, preliminary suspension of installation driving privileges, dated 30 March 2013, indicating the applicants on post driving privileges were suspended for one year pending final determination.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, two DD Forms 214, an armed forces traffic ticket, suspension of installation driving privileges, and a partial Chapter 14 separation packet (four pages).

POST-SERVICE ACTIVITY:

The applicant did not provide any information with his 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.

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, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant’s discharge.

2. The record confirms 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 misconduct (serious offense), the applicant diminished the quality of his service below that meriting a fully honorable discharge.
The applicants record of service was marred by an Article 15, a GOMOR, a military police report, an implied consent warning, an Alaska, Division of Motor Vehicles document, and a suspension of on post driving privileges.

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 the base commander considered his driving under the influence (DUI) a serious offense; and there was no civilian penalty, serious or otherwise levied against him. 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 of service. 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.

5. Further, the record of evidence shows the applicant was arrested for drunken driving on post. Civil authorities had no jurisdiction for on post alcohol related incidents.

6. Also, 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.

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

8. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 17 April 2015 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: 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
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) AR20140003588

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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