IN THE CASE OF:  	Mr. 

      BOARD DATE:  	7 June 2013

      CASE NUMBER:  	AR20130000140
___________________________________________________________________________

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 that his general, under honorable conditions discharge be upgraded to honorable.

2.  The applicant states, in effect, he was listed as AWOL for not returning from leave on the appropriate date and that he was an inpatient at the hospital during the time of his return date from leave, making it impossible for him to return on the date required.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			30 December 2012
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				5 February 2011
d. Reason/Authority/SPD/RE Code:		In Lieu of Trial by Court-Martial, AR 635-200, 
Chapter 10, KFS, RE-4
e. Unit of assignment:				1st Squadron (Rear) (Provisional), 2nd Stryker 
Cavalry Regiment (Rear) (Provisional), APO AE, Germany
f. Current Enlistment Date/Term:		1 October 2008, 3 years, 18 weeks
g. Current Enlistment Service:		2 years, 1 month, 27 days
h. Total Service:				2 years, 1 month, 27 days
i. Time Lost:					70 days
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		11B10, Infantryman
m. GT Score:					86
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			NDSM, GWOTSM, ASR
r. Administrative Separation Board: 		No
s. Performance Ratings:			No
t. Counseling Statements:			No
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 1 October 2008, for a period of 3 years and 18 weeks.  He was 18 years old at the time of entry and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman.  His record documents no acts of valor or significant achievement.  He was awarded the NDSM, GWOTSM, ASR and had completed 2 years, 1 month, and 27 days of active duty service.  
SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant accrued 70 days of time lost for being AWOL from 2 July 2010 until his return to military control on 9 September 2010.  The mode of the applicant’s return to military control is unknown.

2. 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 contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  

3.  The DD Form 214 indicates that on 5 February 2011, the applicant was discharged under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial with a characterization of service of general, under honorable conditions.  Further, the DD Form 214 shows a Separation Code of KFS (i.e., in lieu of trial by court-martial) with a reentry eligibility (RE) code of 4.

4.  On 26 January 2011, the separation authority approved the applicant's request for discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial and directed the issuance of a general, under honorable conditions discharge.  

5.  On 31 January 2011, DA, Installation Management Command-Europe, Vilseck Transition Center, APO, AE, Germany, issued Orders Number 031-0006, which discharged the applicant from the Army with an effective date of 5 February 2011.

6.  On 5 February 2011, the applicant was discharged accordingly.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed 2 years, 1 month and 27 days of creditable active military service and accrued 70 days of time lost due to being AWOL.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Separation authority memorandum approving the applicant’s Chapter 10 request in lieu of trail by court-martial dated 26 January 2011. 

2.  DD Form 214, Certificate of Release or Discharge from Active Duty for the period of service under review dated 5 February 2011.   

3.  Orders 031-0006, DA, Installation Management Command-Europe, Vilseck Transition Center, discharging the applicant from the Army dated 31 January 2011.  
      
4.  DD Form 4/1, Enlistment/Reenlistment Document dated 15 September 2008.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a copy of his lab results and a character reference letter.

POST-SERVICE ACTIVITY: 

The applicant provided none.   

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate.

2.  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.

3.  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.  

DISCUSSION AND RECOMMENDATION:

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

2.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army.  However, the record contains 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.  Barring evidence to the contrary, it appears all 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 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.  

4.  If the applicant desires a personal appearance, it is his responsibility to meet the burden of proof since the evidence is not available in the official record.  The applicant will need 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.

5.  Therefore, based on the available evidence and the presumption of government 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:  7 June 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:	No Change
Change Reason to:			No Change
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)		AR20130000140



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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