IN THE CASE OF:  	

      BOARD DATE:  	5 June 2013

      CASE NUMBER:  	AR20130001970
___________________________________________________________________________

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 an upgrade of his discharge from general under honorable conditions to honorable.

2.  The applicant states, in effect, his discharge is based on his performance in the civilian sector and says nothing about his loyalty and great service to the Army and his country.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		29 January 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			14 January 2011
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14						paragraph 14-12b, JKA, RE-3
e. Unit of assignment:			A Co, 3d Bn, 5th SFG, Fort Campbell, KY
f. Current Enlistment Date/Term:	21 July 2009, NIF (The reenlistment contract for this 						period of service was not found in the available 						record)
g. Current Enlistment Service:	4 years, 2 months, 28 days
h. Total Service:			10 years, 2 months, 18 days
i. Time Lost:				None
j. Previous Discharges:		RA-001027-061016/HD										RA-061017-090720/HD
k. Highest Grade Achieved:		E-6
l.  Military Occupational Specialty:	18B3V, SF Weapons Sergeant/11B2P, Infantryman
m. GT Score:				NIF
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia 
p. Combat Service:			Afghanistan (011111-020528); Iraq (030124-040201 						071016-080601, and 090115-090725)
q. Decorations/Awards:		BSM, ARCOM-2, AAM, NDSM, AGCM-3, ACM-w/CS						ICM-w/2CS, GWOTEM, GWOTSM, NPDR-2, CIB 
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes
t. Counseling Statements:		None
u. Prior Board Review:			No

SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 27 October 2000 for a period of 4 years.  He reenlisted 17 October 2006 and again 21 July 2009, as indicated on his DD Form 214.  He was 30 years old at the time of reenlistment and a high school graduate.  He served in a tour of combat in Afghanistan and three tours in Iraq and achieved the rank of SSG/E-6.  He earned a BSM, two ARCOM's, an AAM, three AGCM's, and the CIB and completed 10 years, 2 months, and 18 days of total 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 authenticated by the applicant’s signature.  

2.  The DD Form 214 indicates that on 14 January 2011, the applicant was discharged under the provisions of Chapter 14, AR 635-200, for a pattern of misconduct, with a characterization of service of general, under honorable conditions.  The DD Form 214 also shows a Separation Program Designator (SPD) code of JKA and a reentry (RE) code of 3.  

3.  On 5 November 2010, DA, HQ, 101st Airborne Division, (AA) and Fort Campbell, Fort Campbell, KY, Orders Number 309-0610, discharged the applicant from the Army effective       14 January 2011.

4.  The applicant’s available record does not show any recorded actions under the UCMJ, unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Discharge Orders 309-0610, dated 5 November 2010.

2.  The record contains four NCO Evaluation Reports (NCOERs), covering the period of          1 November 2006 through 31 July 2010 (two successful NCOERs and two marginal NCOERs).  The two successful NCOERs had an ending period of 31 October 2007 and 31 July 2009 and the two marginal NCOERs had an ending period of 31 July 2008 and 31 July 2010. 

3.  A General Officer Memorandum of Reprimand, dated 10 August 2005, for speeding and driving while intoxicated 15 July 2005 with a blood alcohol content (BAC) of .11 percent.

4.  A Memorandum of Reprimand, dated 1 October 2008, for driving while intoxicated 3 July 2008 with a BAC of .216 percent.

5.  A General Officer Memorandum of Reprimand, dated 18 May 2010, for being involved in a vehicle rollover as the result of being intoxicated 7 May 2010.

6.  The applicant’s available record does not contain any recorded actions under the UCMJ or counseling statements.  



EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant did not provide any additional documents.

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.

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 available 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 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 and government regularity is presumed in the discharge process.  

3.  The DD Form 214 also 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 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.  

4.  The applicant's contention that his discharge is based on his performance in the civilian sector and says nothing about his loyalty and great service to the Army and his country was carefully considered.  By regulation, a UOTHC discharge is normally appropriate for a member separated by pattern of misconduct.  It appears the applicant’s generally good record of service was the basis for his receiving a general, under honorable conditions discharge instead of the normal under other than honorable conditions discharge.  However, his misconduct clearly diminished his overall record of service below that meriting a fully honorable discharge.

5.  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 statement alone does 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.  

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, 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 June 2013         Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

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:		No Change
Change RE Code to:			No Change
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)		AR20130001970



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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