IN THE CASE OF: Mr.
BOARD DATE: 10 May 2013
CASE NUMBER: AR20130002478
___________________________________________________________________________
Board Determination and Directed Action
1. 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 both proper and equitable and voted to deny relief.
2. However, notwithstanding the propriety of the applicants discharge, the Board found that the applicants DD Form 214, block 27 contains the erroneous reentry code of 4.
3. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations.
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 APPLICANTS REQUEST AND STATEMENT:
1. The applicant requests an upgrade of his discharge from general under honorable conditions to honorable.
2. The applicant provides no issues of equity or propriety to be considered by the Board.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 4 February 2013
b. Discharge received: General, Under Honorable Conditions
c. Date of Discharge: 10 December 1999
Reason/Authority/SPD/RE: Misconduct, AR 635-200, Chapter 14-12b, JKA, RE-4
d. Unit of assignment: A Co, 2d Bn, 501st Aviation Rgt, Hanau, Germany
e. Current Enlistment Date/Term: 10 November 1998, 3 years
f. Current Enlistment Service: 1 year, 1 month, 1 day
g. Total Service: 6 years, 6 months, 0 days
h. Time Lost: None
i. Previous Discharges: RA 930611-961022/HD, RA 961023-980622/HD
j. Highest Grade Achieved: E-4
k. Military Occupational Specialty: 67T1P, UH-60 Helicopter Repair Specialist
l. GT Score: 113
m. Education: HS Graduate
n. Overseas Service: Panama, Germany, Bosnia
o. Combat Service: Bosnia (971014-980114 and 980409-980622)
p. Decorations/Awards: AAM-3, AGCM, NDSM, AFEM, ASR, OSR-2, NATO MDL
q. Administrative Separation Board: NIF
r. Performance Ratings: None
s. Counseling Statements: None
t. Prior Board Review: No
SUMMARY OF SERVICE:
The applicant enlisted in the Regular Army on 11 June 1993. He reenlisted three times and on his last reenlistment for 3 years on 10 November 1998, he was 23 years old and a high school graduate. The applicant served in Fort Benning, GA, Panama, Germany, and Bosnia. When his discharge proceedings were initiated he was serving at Hanau, Germany. His record shows he was awarded three AAMs, an AGCM, and a NATO Medal.
SEPARATION FACTS AND CIRCUMSTANCES
1. The applicants record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicants signature. He was discharged as a PVT/E-1.
2. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12b, for misconduct, with a characterization of service of general, under honorable conditions. The DD Form 214 shows a Separation Program Designator (SPD) code of JKA and a reentry (RE) code of 4.
3. The applicants record does not contain any evidence of unauthorized absences or time lost.
4. The applicant was separated under Orders 320-001, HQS, US Army Europe, dated
16 November 1999; with a general, under honorable conditions discharge.
EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD
There are no counseling statements or UCMJ actions in the record. However, he was discharged as a PVT/E-1; the action that reduced him in rank is not available in his record.
EVIDENCE SUBMITTED BY THE APPLICANT
None provided with the 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 members 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 Soldiers separation specifically allows such characterization.
DISCUSSION AND RECOMMENDATION:
1. The applicants request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicants 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 applicants record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicants record does contain 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 presumption of government regularity prevails in the discharge process.
3. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12b by reason of misconduct, with a characterization of service of general, under honorable conditions. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. However, the service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4. Army regulation 635-5-1, (Separation Program Designator Codes) and Cross Reference Table shows that a Soldier processed for misconduct will be assigned an SPD Code of JKA and an RE Code of 3.
4. The applicant provided no issues of equity or propriety to be considered by the Board.
5. Therefore, based on the available evidence and the government presumption of regularity, it appears the reason for discharge and the characterization of service were both proper and equitable, thus recommend the Board deny relief. However, because of an administrative error in the discharge process, recommend the Board change DD Form 214, block 27 reentry code to 3, as provided by regulation.
SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:
Type of Hearing: Records Review Date: 10 May 2013 Location: Washington, DC
Did the Applicant Testify? No
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: Yes
Change Characterization to: No Change
Change Reason to: No Change
Change RE Code to: 3
Grade Restoration to: NA
Change Authority for Separation: 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 UOTH - Under Other Than Honorable
ADRB Case Report and Directive (cont) AR 20130002478
Page 2 of 5 pages
ARMY DISCHARGE REVIEW BOARD (ADRB)
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