Applicant Name:  ?????

Application Receipt Date: 2012/10/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he would like an upgrade of his discharge to honorable and a change to his reason for separation.  He contends his discharge is unfair and unjust.

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: 120810   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 565th QM Co, 553d CSSB, Fort Hood, TX 

Time Lost: DD Form 214 under review makes reference to two days of time lost (111031-111101), reason for time lost and the mode of return are unknown.

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 080612    Current ENL Term: 03 Years  Records show the applicant extended his enlistment 7 months 30 July 2010 and another 7 months 24 August 2011, giving him an ETS dated of       11 August 2012.
Current ENL Service: 	04 Yrs, 01  Mos, 28  Days ?????
Total Service:  		06 Yrs, 08  Mos, 02  Days ?????
Previous Discharges: 	USAR-051208-080611/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92A10/Automated Logistical Specialist   GT: 87   EDU: GED   Overseas: SWA   Combat: Iraq (100908-110925)
Decorations/Awards: ARCOM, AGCM-2, NDSM, ICM-w/CS, GWOTSM, NCOPDR, ASR, OSR, AFRM-w/M Device








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 complete facts and circumstances concerning the events which led to the discharge from the Army.  However, the record does contain the separation authorities memorandum showing the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, AR 635-200. 
       
       The record also contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was 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 14-12b by reason of a pattern of misconduct, with a characterization of service of general, under honorable conditions, with a Separation Code of JKA (i.e., pattern of misconduct) with a reentry eligibility (RE) code of 3.  On 2 August 2012, Orders 215-0112, DA, Headquarters III Corps and Fort Hood, Fort Hood, TX, discharged the applicant from the Regular Army, effective date: 10 August 2012.

       b.  Legal Basis for Separation:  
       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.   

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records, the issue and document 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 complete facts and circumstances concerning the events which led to the applicant’s discharge from the Army.  However, the applicant’s record does contain the separation authorities memorandum and 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, 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 narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," and the separation code is "JKA."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.
       
       The applicant contends he was unfairly and unjustly discharged.  However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  There is no evidence in the record, nor has the applicant produced any evidence or documentation to support the contention that he was unfairly or unjustly discharged.  The applicant’s statement alone does not overcome the government’s presumption of regularity in this case.  
       
       Furthermore, the analyst determined that the applicant’s Army Military Human Resources Record (AMHRR) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  If the applicant desires to appear before a Personal Appearance Board, 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.  
       
       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: 1 April 2013         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application, dated 5 October 2012 and discharge orders, dated 17 May 2012. 

VIII.  Board Discussion, Determination, and Recommendation

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 to be 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: N/A
Other: N/A
RE Code: 
Grade Restoration:   No   Yes   Grade: N/A

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board




JOSEPH M. BYERS
Lieutenant Colonel, U. S. Army
Secretary Recorder













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	UOTH - Under Other Than Honorable 
												Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120019008
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