IN THE CASE OF:  	

      BOARD DATE:  	26 June 2013

      CASE NUMBER:  	AR20130002892
___________________________________________________________________________

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 characterization from general, under honorable conditions to fully honorable.

2.  The applicant states, in effect, he was recommended for an honorable discharge on             11 December 2012 and on 13 December 2012 he received a general, under honorable conditions discharge.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		4 February 2013 
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			3 January 2013
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, 615th ASB, 1st ACB, Fort Hood, TX
f. Current Enlistment Date/Term:	21 January 2010, 6 years and 21 weeks
g. Current Enlistment Service:	2 years, 11 months, 13 days
h. Total Service:			2 years, 11 months, 13 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	92F10, Petroleum Supply Specialist
m. GT Score:				NIF
n. Education:				HS graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Afghanistan (111218-120605)
q. Decorations/Awards:		NDSM, ACM-w/CS, ASR, NATOMDL
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		None
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 21 January 2010, for a period of 6 years and   21 weeks.  He was 34 years old at the time of entry and a high school graduate.  He served in Afghanistan.  The applicant’s record does not show any significant achievements or acts of valor.  When his discharge proceedings were initiated, he was serving at Fort Hood, TX, and completed 2 years, 11 months, and 13 days of active duty service.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record is void of the complete facts and circumstances concerning the events which led to the discharge from the Army to include the notification memorandum and the applicant's election of rights.  However, documents submitted by the applicant indicate that on 11 December 2012, in a memorandum from the Commander, Headquarters, 615th Aviation Support Battalion, 1st Air Cavalry Brigade, 1st Cavalry Division, Fort Hood, TX, show the applicant was being recommended for separation under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, for a pattern of misconduct.  Based on the pattern of misconduct, the applicant was recommended for an honorable discharge.

2.  On 13 December 2013, the record shows the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

3.  On 18 December 2012, DA, HQS III Corps and Fort Hood, Fort Hood, TX, Orders Number 353-0204, discharged the applicant from the Army effective 3 January 2013.

4.  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.  

5.  The DD Form 214 indicates that on 3 January 2013, 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.  

6.  The applicant’s available record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

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

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a copy of a memorandum dated 11 December 2012 recommending his discharge with a characterization of service of honorable and a memorandum, dated               13 December 2012 approving his discharge with a characterization of service of general, under honorable, and a copy of the DD Form 214 for the period of service under review.

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 complete facts and circumstances concerning the events which led to his discharge from the Army.  However, the record contains the approving authorities memorandum and a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  These documents identify 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 about being recommended for an honorable discharge and receiving a general, under honorable conditions discharge was carefully considered.  However, the evidence of record shows the recommendations made on 11 December 2012 was the recommendation of the intermediated commander.  On 13 December 2012 the separation authority made a decision to separate the applicant with a characterization of service of general, under honorable conditions.  It should be noted the separation authority is not bound by the recommendation of the intermediated commander as to the characterization of service.  The separation authority may direct that the service be characterized as honorable or general, under honorable conditions.  

5.  Furthermore, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service.  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.

6.  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: Record Review	   	Date: 26 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)		AR20130002892



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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