IN THE CASE OF:  	

      BOARD DATE:  	27 September 2013

      CASE NUMBER:  	AR20130006260
___________________________________________________________________________

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 under other than honorable conditions to general, under honorable conditions or honorable.

2.  He states, in effect, his discharge hinders efforts to get his life back on track; he does not want a single mistake to define who he is to potential employers.  At the time of his arrest and months prior he was heavily medicated for depression, anxiety and a bipolar disorder; he was told by his doctor the medications and his personal issues leading to the medications were contributing factors to his poor judgment.  He was never in trouble before this incident.  He desires to reenlist in the Army to prove he can be a good Soldier. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		29 March 2013
b. Discharge Received:		Under Other Than Honorable Conditions 
c. Date of Discharge:			16 September 2011
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200 							Chapter 14, paragraph 14-12c, JKQ, RE-3
e. Unit of assignment:			HHT, 2-1st Cavalry Regiment, Fort Bliss, TX
f. Current Enlistment Date/Term:	19 October 2009, 3 years and 32 weeks
g. Current Enlistment Service:	1 year, 10 months, 28 days 
h. Total Service:			1 year, 10 months, 28 days
i. Lost time:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	68W10, Health Care Specialist
m. GT Score:				NIF
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:		No
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 19 October 2009, for a period of 3 years and 32 weeks.  He was 25 years old at the time and a HS Graduate.  He was trained in and awarded military occupational specialty (MOS) 68W10, Health Care Specialist.  His record does not contain any evidence of acts of valor or meritorious achievements.  He was serving at Fort Bliss, TX when his discharge was initiated and he achieved the rank of PFC/E-3.  


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.  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 the applicant was discharged on 14 November 2005 under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 for a 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.  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.]

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The record does not contain any counseling statements or any other relevant information.

EVIDENCE SUBMITTED BY THE APPLICANT:  

The applicant provided a DD Form 293.

POST-SERVICE ACTIVITY: 

The applicant did not submit any with his 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 available military records and the issues and document 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 record contains a properly constituted DD Form 214, which was not 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 also indicates the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct (serious offense), with a characterization of service of under other than honorable conditions.  Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. 

4.  The applicant contends his discharge hinders his efforts to get his life back on track; he does not want a single mistake to define who he is to potential employers.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

5.  The applicant further contends at the time of his arrest and months prior he was heavily medicated for depression, anxiety and a bipolar disorder; he was told by his doctor the medications and his personal issues leading to the medications were contributing factors to his poor judgment; he was never in trouble before this incident.  The applicant's contentions were carefully considered.  However, there is insufficient evidence available in the official record to make a determination as to whether they have merit or could be substantiated.  The applicant bears the burden of presenting substantial and credible evidence to support his contentions.  There is no evidence in the record, nor has the applicant produced any evidence to support these contentions.

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.  The applicant desires to reenlist in the Army to prove he can be a good Soldier.  However, 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.  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. 

8.  Therefore, based on the available evidence and the government presumption of regularity, it appears based on the DD Form 214, 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:  27 September 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 RE Code to:			No Change
Grade Restoration to:			NA
Change Authority for Separation:		No Change
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)		AR20130006260



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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