AR20160002786

1. Applicants Name:

a. Application Date: 21 January 2016

b. Date Received: 27 January 2016

c. Counsel: None

2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, he is currently 34 years old, engaged to a wonderful woman who also has a beautiful and bright little girl. He strives to do his best to be a provider, a caregiver and a strong influence in both of their lives. He believes he is doing a pretty good job, but he believes the manner in which he was discharged from the Army is a mark of shame in his eyes. When he was 22 years old, he had no true feel for the world, himself or true meaning of duty, honor, commitment, selfless sacrifice, loyalty. At that point, he was still a child trapped in a man’s body, and did not realize the consequences of his actions would weigh on his soul as he now knows. He admits to making bad choices, but he believes he is a man that believes in making things right and correcting his mistakes.

Since his discharge, the applicant has had many occasions to think about his time in the military. The more he thinks of it, the more he realizes that military life just makes sense to him, and understands that many of the norms and culture of the military are lacking in the civilian world. He has fond memories of the military and feels the pain of loss when he hears of one of his former military comrades passes. He wishes he could go back and set his younger self straight and make him realize just how much of an impact the military would have had on him.

With the assistance of the Board, he may have found a solution to make things right. He has often thought of trying to go back into the Army, but was ashamed to even attempt the idea, because of the circumstances surrounding his discharge. His future wife and daughter have given him a new outlook on this. He believes the only true way to make the wrongs he committed right would to be to go back and earn his honorable discharge. Although he desires an upgrade, in his eyes he will not yet have earned it until he rejoins and serves honorably. He believes he cannot rejoin with his current discharge.

With the support of his fiance, he asks again that the Board approve the appeal of his discharge, allowing him to reenlist in the Army. He is certain this is the right thing for him and his family, and the best way to provide a secure future for them.

In a records review conducted at Warner Robins, GA on 15 November 2016, and by a 5-0 vote, the Board noted that the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. Accordingly, the Board voted to change the characterization of service to honorable. The Board found the reason for discharge was fully supported by the record and voted not to change it.

(Board member names available upon request)

3. DISCHARGE DETAILS:

a. Reason/Authority/Codes/Characterization: Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions)
b. Date of Discharge: 26 November 2003

c. Separation Facts:

(1) Date of Notification of Intent to Separate: 1 October 2003

(2) Basis for Separation: The applicant was informed of the following reasons: Disrespectful to commissioned officers on many occasions, disobeyed noncommissioned officers on many occasions, disrespectful to noncommissioned officers on many occasions, derelict in the performance of his duties on one occasion, failed to report at the appointed place of duty on many occasions, absented himself from his unit without leave once, missed a court appointment once, failed to pay his debts on many occasions and made false official statements on several occasions.

(3) Recommended Characterization: General (Under Honorable Conditions)

(4) Legal Consultation Date: 14 October 2003

(5) Administrative Separation Board: NA

(6) Separation Decision Date/Characterization: 4 November 2003 / General (Under Honorable Conditions)

4. SERVICE DETAILS:

a. Date/Period of Enlistment: 24 August 1999 / 6 years

b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 112

c. Highest Grade Achieved/MOS/Total Service: E-4 / 19K10, M1 Armor Crewman / 4 years, 2 months, 5 days

d. Prior Service/Characterizations: None

e. Overseas Service/Combat Service: None

f. Awards and Decorations: AGCM, NDSM, ASR

g. Performance Ratings: NA

h. Disciplinary Action(s)/Evidentiary Record:

Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) Enrollment Form reflects the applicant self-referred into the ADAPCP, on or about 6 March 2003, for alcohol abuse.

Two DA Forms 4187, dated between 17 September 2003 and 20 November 2003, reflect the applicants duty status changed from Present for Duty to Absent Without Leave, effective 23 July 2003 and to back to Present for Duty, effective 20 August 2003.

CG Article 15, dated 24 March 2003, for failing to go at the time prescribed to his place of duty (27 February 2003). The punishment consisted of a reduction to E-1, forfeiture of $356.00 pay (suspended), extra duty 14 days, and an oral reprimand.

FG Article 15, dated 28 August 2003, for absenting himself from his unit (between 23 July 2003 to 20 August 2003), make a false official statement (3 June 2003), and failing to go at the time prescribed to his place of duty (22 June 2003). The punishment consisted of a reduction to E-1, forfeiture of $575.00 pay per month for two months, and extra duty and restriction for 45 days.

Numerous Developmental Counseling forms, dated between 26 February 2003 and 21 August 2003, for disobeying a direct order, absent without leave, failure to report, lying to an NCO, revocation of pass privileges, suspension of installation driving privileges, revocation of civilian clothes privileges, failure to inform NCO of appointment, failure to make court appearance, lying to NCOs and officers, poor duty performance, directed to self-refer to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP), failing to report receiving basic allowance for housing (BAH), insufficient funds to cover checks, failing to pay debts to creditors and owing money to coworkers.

i. Lost Time: 27 days (AWOL, 23 July 2003 – 19 August 2003) / mode of return unknown

j. Diagnosed PTSD/TBI/Behavioral Health: NIF

5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and four character statements.

6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application.

7. REGULATORY CITATION(S): 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.

Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army.

8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicants record of service, the issues and documents submitted with his application were carefully reviewed.

The applicants separation packet contains two documents (DA Form 4856 and DA Form 8003) regarding the applicants self-referral to the ADAPCP. The government introduced these documents into the discharge process revealing the applicant was in the Army Substance Alcohol and Drug Abuse Prevention and Control Program. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge.

The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process.

9. BOARD DETERMINATION: In a records review conducted at Warner Robins, GA on
15 November 2016, and by a 5-0 vote, the Board noted that the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. Accordingly, the Board voted to change the characterization of service to honorable. The Board found the reason for discharge was fully supported by the record and voted not to change it.

10. BOARD ACTION DIRECTED:

a. Issue a New DD-214: Yes

b. Change Characterization to: Honorable

c. Change Reason to: No Change

d. Change SPD/RE Code to: No Change

e. Restore (Restoration of) Grade to: NA

AUTHENTICATING OFFICIAL:

COL, US ARMY
Presiding Officer
Army Discharge Review Board

Legend:
AWOL – Absent Without Leave GD – General Discharge NCO Noncommissioned Officer SCM – Summary Court Martial
BCD – Bad Conduct Discharge HS – High School NIF – Not in File SPCM – Special Court Martial
BH Behavioral Health HD – Honorable Discharge NOS Not Otherwise Specified SPD – Separation Program Designator
CG – Company Grade Article 15 IADT – Initial Active Duty Training OAD – Ordered to Active Duty TBI Traumatic Brain Injury
CID – Criminal Investigation Division MP Military Police OMPF – Official Military Personnel File UNC – Uncharacterized Discharge
ELS Entry Level Status MST Military Sexual Trauma PTSD Post-Traumatic Stress Disorder UOTHC – Under Other Than Honorable Conditions
FG – Field Grade Article 15 NA – Not applicable RE – Reentry VA Veterans Affairs
ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE
AR20160002786

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