IN THE CASE OF:  	

      BOARD DATE:  	 5 April 2013

      CASE NUMBER:  	AR20130003650
___________________________________________________________________________

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 that 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, that when he joined the Army he was very young and did not his priorities right.  After leaving the Army he has been able to improve himself in many ways.  Over the last few years he has lost family members that has caused him to open his eyes and made him grow to become an example for younger adults.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		19 February 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			3 December 2009
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, paragraph
      14-12b, JKA, RE-3
e. Unit of assignment:			232d Engineer Co, Fort Leonard Wood, MO
f. Current Enlistment Date/Term:	20 August 2008, term NIF	
g. Current Enlistment Service:	1 year, 3 months, 14 days
h. Total Service:			2 years, 9 months, 22 days
i. Time Lost:				None
j. Previous Discharges:		USAR (070212-080819), HD
k. Highest Grade Achieved:		E-3
l.  Military Occupational Specialty:	21E10, Construction Equipment Operator
m. GT Score:				78
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, ASR
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 US Army Reserve on 12 February 2007 and on 20 August 2008 he came into the Regular Army.  He was 19 years old at the time of entry and was a high school graduate.  



SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence contained in the applicant’s service record does not contain the unit commander’s notification memorandum describing the reasons for the proposed discharge.  

2.  On 6 November 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement on his own behalf.   The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  

3.  The separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

4.  The applicant was discharged from the Army on 15 July 2007, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for pattern of misconduct, a Separation Program Designator code (SPD) of JKA and an RE code of 3. 

5.  The applicant’s service 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 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 

 The applicant provided an online application and his DD Form 214.

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 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 applicant’s 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 pattern 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.  

4.  The applicant's contentions were carefully considered.  However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof since the evidence is not available in the official record.

5.  Therefore, based on the available evidence, it appears the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. 


SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review    Date: 5 April 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:	No
Change Characterization to: NA	
Change Reason to:	NA
Change RE Code to: NA	
Grade Restoration to: NA	
Change Authority for Separation:	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 20130003650		

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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