Applicant Name:  

Application Receipt Date: 2011/01/17	Prior Review:     Prior Review Date: 110930

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was a proud Soldier for four years.  He served 13 months in Iraq.  He has dedicated his life serving his country.  He knows that he made some mistakes, but he does not think his mistakes should outweigh all the good.  He never had any issues before Iraq and he was never in any trouble.  When he returned from Iraq, his mood changed and he became a different person who made a few mistakes.  He regrets the mistakes he made every day and he will always regret them.  He has since sought help and he is back to being the person he once was.  He is continuing to better himself for his family.  He needs the discharge upgraded so that he can get a degree and a better career, so that he can better support his family.  He wants his kids to be proud of him.  With the upgrade, he will be able to return to school and make his family proud again.

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: 100902   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: A Co, 1st Bn, 41st Infantry Regiment, 3rd BCT, 1AD, Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100111, operated a motor vehicle while under the influence of alcohol (091206), reduced to E-1; 45-day extra duty and restriction; oral reprimand, (FG)

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 060921    Current ENL Term: 5 Years  ?????
Current ENL Service: 	03 Yrs, 11 Mos, 12 Days ?????
Total Service:  		03 Yrs, 11 Mos, 12 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92Y (Unit Supply Spec)   GT: 111   EDU: HS Grad   Overseas: SWA   Combat: Iraq (071128-081229)
Decorations/Awards: ARCOM; AGCM; NDSM; ICM-CS; GWOTSM; ASR; OSR

V.  Post-Discharge Activity
City, state
Post Service Accomplishments: None listed.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to the 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 digitally authenticated by the applicant’s signature.  
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct (serious offense), with a characterization of service of general, under honorable conditions.  
       
       Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct- serious offense) with a reentry eligibility (RE) code of "3."
       
       Additionally, the applicant's available record also shows that he received a General Officer Memorandum of Reprimand for driving while intoxicated, dated 25 February 2010, pursuant to a Military Police Report in reference to the applicant's offense of drunken, or reckless operation of a vehicle, dated 6 December 2009. 

       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 applicant’s available military records, the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant’s discharge.  
       
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to the former Soldier’s discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's digital 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 14-12c by reason of misconduct—commission of a serious offense, 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 were fully protected throughout the separation process.  
       
       The applicant's contentions were carefully considered.  However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  It the applicant's responsibility to meet the burden of proof since the evidence is not available in the official record.
       
       Furthermore, the applicant contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct.  Specifically, he claims his deployment in Iraq caused mood changes that resulted in his discharge.  While the applicant may believe that to be the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from his command or the numerous Army community services like the Chaplain, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  The analyst also noted the applicant's issues about his desire to have better job opportunities and the benefits of the GI Bill.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Additionally, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       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: 21 May 2012         Location: Washington, D.C.
Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: Spouse

Exhibits Submitted:  DD Form 293, dated 27 January 2011; DD Form 214 for service under current review; VA medical records printed on 9 May 2012.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony and notwithstanding the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service and the circumstances surrounding his misconduct and as a result, it is inequitable.  Accordingly, the Board voted to grant relief by changing the characterization of service to honorable.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it.  
        
IX.  Board Decision						
Board Vote:
Character - Change 3    No change 2
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 AR20120001367
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