IN THE CASE OF:	  

		BOARD DATE:	  	   5 March 2009

		DOCKET NUMBER:  AR20080018401 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his character of service on his DD 
Form 214 (Certificate of Release or Discharge from Active Duty) be changed from uncharacterized service to honorable service.

2.  The applicant states, in effect, that he was born in Iraq, but he is an American citizen.  He was harassed and endured ethnic discrimination.

3.  The applicant provides a certificate for completion of Basic Combat Training dated 10 November 2005, a Certificate of Achievement, four copies of Certificates of Appreciation and a letter of support from the Mar-Addal Chaldean Catholic Church in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's available military record shows that on an unknown date he enlisted in the Army Reserve and, on 30 August 2005, he entered active duty and successfully completed basic combat training.  

2.  The facts and circumstances pertaining to the applicant's discharge are not on file.  The available record contains his DD Form 214 which shows he was discharged on 29 March 2006 under the provisions of Army Regulation 635-200, chapter 14-12c(2) by reason of misconduct (drug abuse), with a characterization of service as uncharacterized.  His DD Form 214 also shows he completed a total of 7 months of creditable active military service and 2 months and 24 days of prior active service.  The applicant authenticated his DD Form 214 with his signature on the date of discharge. 

3.  Army Regulation 635-200 (Personnel Separations) 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, commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted. 

4.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-9 contains guidance on ELS separations.  It states, in pertinent part, that a separation will be described as entry-level with service uncharacterized if at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service.

5.  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 member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.

6.  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 Soldier’s separation specifically allows such characterization.

7.  The applicant submitted an application to the Army Discharge Review Board (ADRB) requesting that his uncharacterized discharge be changed to an honorable discharge.  On 14 July 2008, the ADRB notified the applicant that the Board determined his discharge was proper and equitable and directed no change in the character of service.



8.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that the character of service on his DD Form 214 be changed from uncharacterized service to an honorable character of service because he was harassed and endured discrimination for being born in Iraq were carefully considered and found to be insufficient evidence to support his request. There is no evidence in the available military record and the applicant did not provided any evidence to show he was harassed or that he endured ethnic discrimination.  

2.  The applicant’s military record is void of the facts and circumstances concerning the events that led to his discharge from the Army.  However, the applicant's available record does contains a properly constituted DD Form 214, which was authenticated with his signature.  This document identifies the reason and characterization of the discharge.  The DD Form 214 confirms that separation action was initiated on the applicant while he was in an ELS status prior to completing 180 days of continuous active military service.  

3.  The DD Form 214 also confirms that he was discharged under the provisions of Army Regulation 635-200, chapter 14-12c by reason of misconduct (drug abuse), with a characterization of service of uncharacterized.  

4.  There is a presumption of administrative regularity in the conduct of governmental affairs.  This presumption can be applied to any review unless there is substantial creditable evidence to rebut the presumption.  There is no evidence in his available military record and the applicant has not provided any evidence to rebut the presumption of administrative regularity.

5.  Therefore, in order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  _____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080018401



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ABCMR Record of Proceedings (cont)                                         AR20080018401



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