IN THE CASE OF:  	Mr.

      BOARD DATE:  	8 May 2013

      CASE NUMBER:  	AR20130000160
___________________________________________________________________________

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 a change to the narrative reason for his discharge.

2.  The applicant states, in effect, that potential employers do not approve of his current narrative reason for discharge.  He contends his discharge was based on dishonest affidavits that failed to address the truth about the circumstances leading to his discharge.  His chain of command intentionally omitted pertinent information that would have exonerated him in any reputable court-room.  He also contends he is a subject of injustice even after four deployments and numerous Army accommodations for his service to the United States.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		26 December 2012	
b. Discharge Received:		Honorable
c. Date of Discharge:			18 October 2012	
d. Reason/Authority/SPD/RE Code:	Misconduct (Serious Offense), AR 635-200
						Paragraph 14-12c, JKQ, RE-3	
e. Unit of Assignment:			C Co, 9th EN Bn (CBT), 172nd IN Bde
      Schweinfurt, GE
f. Current Enlistment Date/Term:	12 March 2009, 6 years
g. Current Enlistment Service:	3 years, 7 months, 7 days
h. Total Service:			15 years, 6 months, 9 days
i. Time Lost:				None
j. Previous Discharges:		USAR-970410-980609/NA
ADT-980610-980817/UNC
USAR-980818-030206/NA
OAD-030207-040521/HD
USAR-040522-061008/NA
OAD-061009-071101/HD
USAR-071102-071114/NA
RA-071115-090311/HD
k. Highest Grade Achieved:		E-5
l. Military Occupational Specialty:	12B10, Combat Engineer
m. GT Score:				115
n. Education:				College Graduate
o. Overseas Service:			SWA 
p. Combat Service:			Iraq (090103-091219), Afghanistan 
      (110723-120623)
q. Decorations/Awards:		ARCOM-4, AGCM-2, NDSM, ICM-w/CS, ACM-w/CS
  						GWOTEM, GWOTSM, MOVSM, AFRM-w/M Device
      NPDR, ASR, OSR-4, NATOMDL, CAB
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes
t. Counseling Statements:		No
u. Prior Board Review:			No
SUMMARY OF SERVICE:		

The applicant's record shows he enlisted in the Regular Army on 15 November 2007 after serving 10 years, 7 months, and 5 days in the United States Reserves.  On 12 March 2009, he reenlisted for a period of 6 years; he was 28 years old at the time and a college graduate.  His service record reflects he served two combat tours, achieved the rank of SGT/E-5, and earned four ARCOM's and two AGCM's.  He completed 15 years, 6 months, and 9 days of total 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 authenticated by the applicant’s signature.  

2.  The DD Form 214 indicates that on 18 October 2012, the applicant was discharged under the provisions of Chapter 14, AR 635-200, for misconduct (serious offense), with a characterization of service of honorable.  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 available record does not show any recorded actions under the UCMJ, unauthorized absences or time lost.  However, he was separated as a SPC/E-4 and the action that caused his reduction is not contained in the service record.

4.  On 10 October 2012, DA, Installation Management Command-Europe, Schweinfurt Transition Center, APO, Orders Number 284-0001, discharged the applicant from the Army effective 18 October 2012.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There are no counseling statements or UCMJ actions in the available record.

2.  One NCOER covering the period of 15 November 2008 to 31 May 2009.  The applicant received a successful rating.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a copy of his enlisted record brief, dated 29 June 2012, Army Physical Fitness Test Scorecard, dated 21 August 2012, letters of recommendation, sworn statements, noncommissioned officer evaluation reports covering the periods 15 November 2007 thru       20 August 2012, DD Form 214's for two prior periods of active duty in addition to his application.

POST-SERVICE ACTIVITY: 

None provided with the application.

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.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense).

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned a RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the narrative reason for his discharge was carefully considered.  However, after examining the applicant’s record of service, the issues and documents submitted with the application, there are insufficient factors to merit a change to the narrative reason for the discharge.    

2.  The applicant requested a change to the narrative reason for separation.  However, the applicant’s discharge was directed under the provisions of Chapter 14, paragraph 14-12c,     AR 635-200 with an honorable discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)” and the separation code is "JKQ," and the reentry eligibility (RE) code of “3.”  

3.  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.  
 
4.  The applicant contends his discharge was based on dishonest affidavits that failed to address the truth about the circumstances leading to his discharge.  His chain of command intentionally omitted pertinent information that would have exonerated him in any reputable court-room.  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 this contention.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that the narrative reason for separation was improper or inequitable.  

5.  The applicant also contends he is a subject of injustice even after four deployments and numerous Army accommodations for his service to the United States.  The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceedings cannot be considered because there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service for changing his narrative reason for discharge.

6.  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.

7.  Therefore, the narrative reason for discharge being both proper and equitable, recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review	  Date:  8 May 2013   Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: NA 

Board Vote:
Character Change:  NA	No Change:  NA
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:			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)		AR20130000160



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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