Applicant Name: ?????
Application Receipt Date: 2011/12/02 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that when he joined the Army he was very young and foolish, and that he made mistakes. Since leaving the Army he has become more wise and now is going to school. He rejoined the Army National Guard in May of 2007, deployed with his unit and earned an ARCOM. He served in Iraq and earned an ARCOM. He requests an upgrade of his discharge to honorable.
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: NIF
Discharge Received: Date: 030912 Chapter: 14-12b AR: 635-200
Reason: Misconduct RE: SPD: JKA Unit/Location: 1079th Ground Spt Unit, Fort Dix, NJ
Time Lost: None
Article 15s (Charges/Dates/Punishment): The applicants record does not contain any actions under the Uniformed Code of Military Justice (Article 15); however, the applicant had achieved the rank of SPC/E-4 and was discharged as an E-1/PVT.
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: OAD 011018 Current ENL Term: NIF Years ?????
Current ENL Service: 01 Yrs, 10 Mos, 25 Days ?????
Total Service: 03 Yrs, 01 Mos, 16 Days ?????
Previous Discharges: USAR 000526-030912/NIF
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 75H10/Personnel Svcs Spc GT: NIF EDU: HS Equivalency Overseas: None Combat: None
Decorations/Awards: NDSM, AFRM-M, NCOPDR, ASR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: ARNG (070509-Present); Iraq (080901-090529); ARCOM, achieved the rank of E-4/SPC and is currently attending school.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The applicants record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature.
The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12b by reason of misconduct, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., pattern of misconduct) with a reentry eligibility (RE) code of "3."
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 of this regulation 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 absence 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.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available military records and the issues submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicants discharge.
The applicants record is void of the specific facts and circumstances concerning the events which led to the former Soldiers discharge from the Army. However, the applicants record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.
The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12b by reason of pattern of misconduct (SPD Code as JKA), with a characterization of service of general under honorable conditions. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process.
The applicant's contentions were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs. This presumption is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity in this case and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge.
If a personal appearance hearing is desired, it is the applicant's responsibility to meet the burden of proof since the evidence is not available in the official record. The burden of proof remains with the applicant to provide the appropriate documents or other evidence (i.e., discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.
The applicant contends that since leaving the Army, he rejoined the Army National Guard, was deployed to Iraq (080901-090529) and was awarded an ARCOM. Further, he is now wiser and is going to school as well. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the members overall character. However, the lack of a discharge packet precludes favorable consideration.
Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 27 April 2012 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: NA
Exhibits Submitted: None
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
IX. Board Decision
Board Vote:
Character - Change 0 No change 5
Reason - Change 0 No change 5
(Board member names available upon request)
X. Board Action Directed
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature
Approval Authority:
EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board
BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
Legend:
AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial
BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial
CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge
DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable
FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20110023526
______________________________________________________________________________
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