IN THE CASE OF:  	

      BOARD DATE:  	5 April 2013

      CASE NUMBER:  	AR20120021518
___________________________________________________________________________

Board Determination and Directed Action

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 was both proper and equitable and voted to deny relief.




      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests for an upgrade of the characterization of his general discharge to honorable.

2.  The applicant states, in effect, that an upgrade is requested in order to continue school benefits.  It is also justified under the reasons of equity because of personal and family problems (multiple Family members were murdered at the time) along with having exemplary service record and evidence of over five years and 11 months of service completed.
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	19 November 2012
	b.	Discharge Received:	General, under honorable conditions
	c.	Date of Discharge:	3 May 2012
	d.	Reason/Authority/SPD/RE Code:	Misconduct (Serious Offense) / AR 635-200 
			Paragraph 14-12c / JKQ / RE-3
	e.	Unit of assignment:	B Co, 1st Bn, 12th Cavalry Regiment, 3rd BCT, 1st 
			Cavalry Division, Fort Hood, TX
	f.	Current Enlistment Date/Term:	14 August 2008 / 4 years, 9 weeks
	g.	Current Enlistment Service:	3 years, 8 months, 20 days
	h.	Total Service:	5 years, 11 months, 2 days
	i.	Time Lost:	None
	j.	Previous Discharges:	USAR (060602-060613) / NA
			   ADT (060614-060902) / UNC
			USAR (060903-070612) / NA
			   ADT (070613-070822) / UNC
			USAR (070823-080813) / NA
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	11B (Infantryman)
	m.	GT Score:	111
	n.	Education:	HS Graduate
	o.	Overseas Service:	SWA
	p.	Combat Service:	Iraq x 2 (081215-091204), (110128-111231)
	q.	Decorations/Awards:	ARCOM-2; AGCM; NDSM; ICM-3CS; GWOTSM
			NPDR; ASR; OSR-2
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	No
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:
	
The applicant enlisted in the Regular Army on 14 August 2008 for a period of 4 years and 9 weeks.  He was 19 years old at the time of entry and a high school graduate.  He served in Iraq.  He earned two ARCOM and completed 5 years, 11 months, and 2 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant’s signature.  

2.  The DD Form 214 indicates that on 3 May 2012, the applicant was discharged under the provisions of Chapter 14, AR 635-200, for misconduct (serious offense), with a characterization of service of general, under honorable conditions.  The DD Form 214 also shows a Separation Program Designator (SPD) code of JKQ and a reentry (RE) code of 3.  

3.  The applicant’s record does not show any recorded actions under the UCMJ, unauthorized absences or time lost.  However, he was separated as a PV1/E-1 and the action that caused his reduction is not contained in the service record.

4.  On 19 April 2012, DA, HQ, III Corps and Fort Hood, Fort Hood, TX, Orders Number 110-0163, discharged the applicant from the Army effective 3 May 2012.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The applicant’s record contains the Separation Authority’s decision memorandum, dated 11 April 2012.

EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided DD Form 293 with self-authored statement; DD Form 214 for service under current review; BCT certificate; 92F and 11B MOS certificates; ARCOM for 2009 OIF deployment; WLC honor graduate certificate; AAM certificate; ARCOM for 2011 OND deployment; Red Cross Correspondence.

POST-SERVICE ACTIVITY: 

The applicant provided none.  

REGULATORY AUTHORITY:

1. 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.   

2.  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, or is otherwise so meritorious that any other characterization would be clearly inappropriate.  Whenever there is doubt, it is to be resolved in favor of the individual.

3.  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.

DISCUSSION AND RECOMMENDATION:

1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The DD Form 214 also 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.  Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

3.  The applicant's contentions about having family issues 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 which 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 sufficient evidence, to support a change to the characterization of service granted.  The applicant’s statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge.  

4.  If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record.

5.  Additionally, the applicant’s contention that he had exemplary service which included nearly six years of active service.  The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as there is insufficient information regarding the circumstances and events that led to his discharge.

6.  The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill.  However, 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.

7.  Therefore, based on the available evidence and the government presumption of regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: 	Records Review	  Date:  5 April 2013        Location: Washington, DC

Did the Applicant Testify?  NA

Counsel:  None

Witnesses/Observers: ?NA

Board Vote:
Character Change:  0	No Change:  5
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:	No
Change Characterization to: NA	
Change Reason to:	NA
Change Authority for Separation: NA
Change RE Code to: NA	
Grade Restoration to: NA	
Other: NA



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	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20120021518



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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