IN THE CASE OF:  	

      BOARD DATE:  	24 April 2013

      CASE NUMBER:  	AR20130003629
___________________________________________________________________________

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, he made a mistake and ended up drinking and driving.  Since his incident with alcohol 7 years ago, he has changed his life and has not taken a drink in 7 years.  Also, he has been working with the military overseas in Kuwait and has maintained a high level security clearance.  Now that he learned from his mistakes in life, the sky is the limit.  Sometimes in life, there are major incidents that will cause a person to wake up and make changes.  Well, that incident 7 years ago was his life changing event.  He ruined his career and his marriage at the same time.  

3.  He has been working with the military as a civilian for the last 8 years since he was discharged.  He has obtained multiple promotions, awards, earned a BS in Business Administration and is currently enrolled in a MBA program.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		20 September 2012
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			31 January 2004
d. Reason/Authority/SPD/RE:		Misconduct, AR 635-200, paragraph 14-12c, JKQ
      RE-3
e. Unit of assignment:			A Company, 1-37th AR, APO AE 09074
f. Current Enlistment Date/Term:	21 June 2002, 3 years		
g. Current Enlistment Service:	1 year, 7 months, 10 days
h. Total Service:			6 years, 2 months, 15 days
i. Time Lost:				None
j. Previous Discharges:		RA (931208-Unknown), ARNG (961009-971207/HD) 						RA (971208-991131/HD), (RA 991201-020620/HD)
k. Highest Grade Achieved:		E-6
l.  Military Occupational Specialty:	92Y210, Unit Supply Specialist
m. GT Score:				113
n. Education:				HS Graduate
o. Overseas Service:			Iraq, Kuwait
p. Combat Service:			Kosovo (000606-NIF) and Iraq (030511-030723)
q. Decorations/Awards:		ARCOM, AAM-3, AGCM-2, NCOPDR-2, ASR 							OSR-2, NATO MDL
r. Administrative Separation Board: 	Unknown
s. Performance Ratings:		Yes
t. Counseling Statements:		No								
      u.	Prior Board Review:			No




SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 8 December 1997, for a period of three years.  He was 26 years old at the time of entry and was a high school graduate.  

SEPARATION FACTS AND CIRCUMSTANCES

1.  The applicant’s 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 authenticated by the applicant’s signature.  He was discharged as a SGT/E-5.

2.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c, for misconduct, with a characterization of service of general, under honorable conditions.  The DD Form 214 shows a Separation Program Designator (SPD) code of JKQ and a reentry (RE) code of 3.  

3.  The applicant’s record does not reflect any lost time.  The applicant’s record contains a Field Grade Article 15, dated 27 November 2002, for driving under the influence of alcohol.  The punishment imposed consisted of a reduction to E-4/SPC, suspended, forfeiture of $876.00 pay per month for two months, extra duty for 45 days, and restriction for 45 days, suspended.  

4.  The applicant was separated under Orders 020-01, Department of the Army, Giessen Transition Center, APO AE 09169, with an effective date of 31 January 2004.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

There are no counseling statements in the applicant’s record.  The applicant’s record shows that he was an E-6/SSG with a date of rank of 1 July 2003; however, the action that reduced him in rank is not in his record.

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293, a print-out from Western Governors University, dated 6 August 2012; an Ashworth Transcript, dated 23 July 2012; three photo IDs; an order for change of name; and a Military Service Certification.  

POST-SERVICE ACTIVITY: 

The applicant contends that he has been working with the military overseas in Kuwait, has maintained a high level security clearance, earned multiple promotions, awards, earned a BS in Business Administration and is currently enrolled in a MBA program.  



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 available 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 applicant's contentions were carefully considered.  However, the facts and circumstances leading to his discharge are unknown.  

3.  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 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 analyst presumed government regularity in the discharge process.  

4.  The DD Form 214 also indicates the applicant was discharged on 31 January 2004, under the provisions of Chapter 14, AR 635-200, paragraph 14-12c, by reason 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.  

5.  The applicant contends that since leaving the Army, he has been working with the military overseas in Kuwait with a high level security clearance, earned multiple promotions, awards, earned a BS in Business Administration and is currently enrolled in an MBA program
The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment.

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 presumption of government regularity, it appears the reason for discharge and the characterization of service were both proper and equitable, thus recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Record Review	  Date:  24 April 2013     Location: Washington, DC

Did the Applicant Testify?  N/A 

Counsel: None

Witnesses/Observers: NA 

Board Vote:
Character Change:  1	No Change:  4
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 RE Code to: 			No Change	
Grade Restoration to: 			NA	
Change Authority for Separation:		No Change



































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)		AR20130003629



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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