IN THE CASE OF:  	Mr. 

      BOARD DATE:  	11 September 2013

      CASE NUMBER:  	AR20130006796
___________________________________________________________________________

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

2.  The applicant states, in effect, that he has a prior honorable discharge from 2007; he had good service which included combat deployments to Iraq and Afghanistan.  He now suffers from depression, PTSD, TBI, drug and alcohol abuse due to his combat experiences.  He would like an upgrade to better himself and his life.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		5 April 2013
b. Discharge received:			Under Other Than Honorable Conditions
c. Date of Discharge:			18 October 2012
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, 14-12c(2), 						JKK, RE-4
e. Unit of assignment:			Rear Det, 2d Bn, 77th FA Regiment, Fort Carson, CO 
f. Current Enlistment Date/Term:  	11 August 2011, NIF
g. Current Enlistment Service:  	1 year, 2 months, 1 day
h. Total Service:			7 years, 8 months, 21 days
i. Time Lost:				7 days
j. Previous Discharges:		RA (050121-070815), HD										RA (070816-110810), HD, per DD Form 214, contract  					is NIF
k. Highest Grade Achieved:		E-5
l. Military Occupational Specialty:	13B10, Cannon Crewmember
m. GT Score:				NIF
n. Education:				GED
o. Overseas Service:			SWA
p. Combat Service:			Afghanistan (090601-100531)									Iraq (070411-080610)
q. Decorations/Awards:		ARCOM-2, AAM-3, AGCM-2, NDSM, ACM-2CS, 						ICM-CS, GWOTSM, NPDR, ASR, OSR-2, NMDL, 
						CAB, MUC
r. Administrative Separation Board: 	NIF
s. Performance Ratings:		Yes
t. Counseling Statements:		None
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 21 January 2005 and reenlisted on 11 August 2011 for an unspecified period.  He was 24 years old at the time of his last reenlistment and had a high school equivalency (GED).  The applicant served in Iraq and Afghanistan and earned 2 ARCOMs, 3 AAMs, 2 AGCMs, and a CAB.  He was discharged from the Army at Fort Carson, CO.
SEPARATION FACTS AND CIRCUMSTANCES

1.  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.  

2.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), with a characterization of service of under other than honorable conditions.  The DD Form 214 also shows a Separation Program Designator (SPD) code of JKK and a reentry (RE) code of 4.  

3.  The applicant’s record contains a period of 7 days for time lost (120921-120927), under 10 USC, 972.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  There are no counseling statements or UCMJ actions in the record.

2.  Three NCOERs for the following periods:

	a. Period of 091103-101102, assessed as Fully Capable, 2/2
	b. Period of 081101-091031, assessed as Fully Capable, 2/2
	c. Period of 071101-081031, assessed as Among the Best, 1/1

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant did not provide any additional evidence with the application.

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 military records and the issues submitted with the application, there are insufficient mitigating factors which would 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.  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 the presumption of government regularity shall prevail in the discharge process.  

3.  The DD Form 214 shows the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), with a characterization of service of under other than honorable conditions.  Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all requirements of law and regulation were met and the rights of the applicant were protected throughout the separation process.  

4.  The applicant's contentions about his good service which included two combat deployments were carefully considered.  However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service.  There is no evidence in the record, nor has the applicant produced any 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 no documentation or further evidence in support of his request for an upgrade of the discharge.  

5.  The applicant also contends that he suffers from PTSD and TBI.  However, the service record contains no evidence of Post-Traumatic Stress Disorder or Traumatic Brain Injury diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  

6.  Moreover eligibility for veteran's benefits to include medical and 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.

7.  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.

8.  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:  Records Review     Date:  11 September 2013     Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

Witnesses/Observers: 	NA 

Board Vote:
Character Change:  2	No Change:  3
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)		AR 20130006796		

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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