IN THE CASE OF:  	

      BOARD DATE:  	7 August 2013

      CASE NUMBER:  	AR20130003352
___________________________________________________________________________

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 to upgrade his characterization of service from general, under honorable conditions to fully honorable, and to change the narrative reason for his discharge.

2.  The applicant, in pertinent part states, in effect, he requests an upgrade to do better for himself, family, and country as the DD Form 214 is not who he is, but a misunderstanding.  He would like to serve his country again as he has no life outside the military.  Currently, he is desperate and wants his discharge changed so he can go back to do what he knows best.  He does not want to focus on none of the issues that led him to his discharge because all he wants is to be able to proudly serve again and pursue his dream.  He cannot really get a job with his discharge.  He has to help take care of his five children.  He wants to set an example for them.  He was never a bad Soldier, although he was put in a position for committing misconduct because of being pushed and threatened.  He was never happy because of the way his chain of command treated and spoke to him.  As a private, no one listened to his side of the story.  He was verbally abused, and a sergeant had physically grabbed his uniform and challenged him to fight prior to his discharge.  

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	11 February 2013
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	4 October 2012
	d.	Reason/Authority/SPD/RE Code:	Misconduct (AWOL), AR 635-200, Paragraph 14-
			12c(1), JKD, RE-3
	e.	Unit of assignment:	Rear D, 1st Bn, 187th Inf, Fort Campbell, KY
	f.	Current Enlistment Date/Term:	10 November 2009, 4 years, 22 weeks
	g.	Current Enlistment Service:	2 years, 7 months, 0 days
	h.	Total Service:	2 years, 7 months, 0 days
	i.	Time Lost:	117 days
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-2
	l.	Military Occupational Specialty:	88M10, Motor Transport Operator
	m.	GT Score:	NIF
	n.	Education:	HS Graduate
	o.	Overseas Service:	SWA
	p.	Combat Service:	Afghanistan (101009-110207)
	q.	Decorations/Awards:	NDSM; ACM-CS; GWOTSM; ASR; CAB
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	NIF
	u.	Prior Board Review:	No




SUMMARY OF SERVICE:  

The applicant enlisted in the Regular Army on 10 November 2009 for a period of 4 years and 22 weeks.  He was 26 years old at the time of entry and a high school graduate.  He served in Afghanistan.  His record documents no acts of valor or significant achievement.  He completed 2 years and 7 months of 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 not authenticated by the applicant’s signature.  

2.  The DD Form 214 indicates that on 4 October 2012, the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c(1), AR 635-200, for misconduct (AWOL), with a characterization of service of general, under honorable conditions.  The DD Form 214 also shows a Separation Program Designator (SPD) code of JKD 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 PVT/E-1 and the action that caused his reduction is not contained in the service record.

4.  On 28 September 2012, HQDA, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, Orders Number 272-0610, discharged the applicant from the Army effective 4 October 2012.  

5.  The applicant's record shows he was absent without leave (AWOL) during the period 23 April 2012 through 17 August 2012.  He was apprehended by civil authorities and returned to military control.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.	A DD Form 616, Report of Return of Absentee, dated 16 August 2012, shows the applicant was apprehended by civil authorities and returned to military control.  

2.	A DD Form 553, Deserter/Absentee Wanted by the Armed Forces, dated 24 May 2012, shows the applicant’s absence began on 23 April 2012, and was reported attached to the DD Form 616.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a copy of an MP report, dated 25 September 2012, which shows the applicant was the victim of an investigation involving an NCO communicating a threat.


POST-SERVICE ACTIVITY: 

The applicant provided none.

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 "JKD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, Paragraph 14-12c(1), misconduct (AWOL).

DISCUSSION AND RECOMMENDATION:

1. The applicant’s request for an upgrade of the characterization of his discharge and a change to the reason for his discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, the issues, and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade or a change to the reason for 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 not 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 14-12c(1), by reason of misconduct for being AWOL, 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 contentions about the treatment and verbal abuse by his chain of command, that his discharge was a misunderstanding and that he was never a bad Soldier 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 which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption.  The evidence in the record shows the applicant was AWOL, and apprehended by civil authorities and returned to military control; however, the applicant provided insufficient evidence to support a change to the characterization of service granted.  The applicant’s statements alone do not overcome the presumption of government regularity and the application contains insufficient evidence in support of his request for an upgrade of the discharge.  

5.  The applicant contends that a change in the reason for the discharge may allow for his reenlistment.  However, 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 "JKD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(1), for being AWOL.  The regulation further stipulates that no deviation is authorized.  

6.  Furthermore, regarding the applicant’s expressed desire to rejoin the Military Service, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.

7.  The applicant has also expressed his desire to have better job opportunities to provide for his family.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  

8.  Further, the applicant contends that he had good service which included being a good Soldier and doing a good job.  The applicant’s service accomplishments and the quality of his service prior to the AWOL incident that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the AWOL misconduct that led to his discharge.

9.  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:  7 August 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)		AR20130003352



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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