IN THE CASE OF:  	Mr.

      BOARD DATE:  	18 September 2013

      CASE NUMBER:  	AR20130006253
___________________________________________________________________________

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 is currently trying to enroll in college to better provide for his family.  The serious offence that was used to chapter him out of the military was caused by a mental break down which lead to an attempted suicide.  He had a break down when he first joined the military in 2010.  This was when he made his first attempt at suicide, was placed in a facility and only a few days after getting released was pushed on a plane to Afghanistan with no follow-up treatment.  Instead of doing something real about the issue, he was forced to fill a number.  The second attempt was after they returned and he was no longer needed as a number, so he was pushed out.  Out of the three years he served, he never received a negative counseling; he was promoted early, and was placed in position higher than his rank.  He is requesting to receive his veteran benefits that he earned for defending his country even though he continues to struggle with a battle inside.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		29 March 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			27 June 2012
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, 14-12c, 
                                                      JKQ, RE-3
e. Unit of assignment:			 A 4-320 FAR, 413C’l’, 101 AJ3N (AASLT),							Fort Campbell, KY
f. Enlistment Date/Term:		27 October 2009, 3 years, 23 weeks
g. Current Enlistment Service:	2 years, 8 months, 1 day
h. Total Service:			2 years, 8 months, 1 day
i. Time Lost:				None
j. Previous Discharges:		None 
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	13D10, Field Artillery Automation Specialist
m. GT Score:				111
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Afghanistan (100814-110811)
q. Decorations/Awards:		ARCOM, NATO MDL, NDSM, GWOTSM, 							ACM-w/CS-2, ASR, OSR, CAB
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes	
u. Prior Board Review:			No




SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 27 October 2009, for a period 3 years,
 23 weeks.  He was 20 years old at the time and was a high school graduate.  When his discharge proceedings were initiated he was serving at Fort Campbell, KY.  He was awarded an ARCOM and a CAB.  

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.  

2.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c, for misconduct (serious offense), 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.  On 18 June 2012, DA, HQS, 101st Airborne Division (Air Assault), Fort Campbell, KY, Orders 170-0617, separated the applicant from the service with an effective date of 
27 June 2012.

4.  The applicant’s record does not show any unauthorized absences or time lost time.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  Four counseling statements covering the period 14 December 2011 through 27 March 2012, for driving with a suspended license and failures to report.

2.  A citation and a Christian County Jail Order of Commitment, dated 9 October 2011.  

3.  A DA Form 4187, dated 27 March 2012, showing the applicant was hospitalized.  The documentation does not state the time period or the reason for the hospitalization.  

EVIDENCE SUBMITTED BY THE APPLICANT 

DD Form 293, a Certificate of Appreciation, and DD Form 214.

POST-SERVICE ACTIVITY: 

None were 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, and the issue 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 of this case.

3.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct (serious offense), 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 contention of an improper discharge before receiving proper treatment was carefully considered.  However, it is not possible to determine if his contention has merit because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the applicant to provide the appropriate documents or other evidence (i.e. discharge packet) 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 this burden of proof since the evidence is not available in the official record.

5.  The applicant has expressed his desire to have better job opportunities and the benefits of the GI Bill.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

6.  The applicant contends that he had good service, never received a negative counseling statement and received promotions ahead of schedule.  The available record shows the applicant received four counseling statements for driving with a suspended license and several failures to report-further, is not possible to determine if his contentions have merit because the facts and circumstances leading to the discharge are unknown.

7.  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. 






















SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review        Date:  18 Sept 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:	No Change
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		NA
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)		AR20130006253

Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1