IN THE CASE OF:  	Mr.

      BOARD DATE:  	4 October 2013

      CASE NUMBER:  	AR20130006992
___________________________________________________________________________

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, that he has served over three years with a deployment to Afghanistan.  He was having issues dealing with the deployment and made a big mistake by going AWOL for 15 days.  That is the only issue he had in the service and now would like to get his discharge upgraded so he can go to school and do something positive with his life.  He has sought counseling for his issue and they have been resolved.  He would like to be able to move forward without this discharge holding him back.  He completed all tasks that were assigned for punishment, he lost rank and money, and completed 30 days of extra duty. 
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		8 April 2013 
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			18 October 2012
d. Reason/Authority/SPD/RE:		Misconduct (AWOL), AR 635-200, 14-12c(1), 							JKD, RE-3
e. Unit of assignment:			575th Fwd Spt Co, 1-21st FA Reg, 41st Fires Bde, 1st   						CAV Div, Fort Hood, TX 
f. Current Enlistment Date/Term:  	5 February 2009, 6 Years, 22 weeks
g. Current Enlistment Service:  	3 years, 7 months, 29 days
h. Total Service:			3 years, 7 months, 29 days
i. Time Lost:				15 Days AWOL (120717-120801) 
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	88M10, Motor Transport Operator 
m. GT Score:				114
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Afghanistan (101101-111017)
q. Decorations/Awards:		NMDL, NDSM, ACM-CS,GWOTSM, ASR, OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		None
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 5 February 2009, for a period of six years and twenty-two weeks.  He was 19 years old at the time of his enlistment.  He served a combat tour in Afghanistan, and was serving at Fort Hood, TX at the time of his discharge.  He earned the NMDL, ACM, and the GWOTSM.    

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 shows that on 27 September 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  Furthermore, 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 14-12c (1), AR 635-200, for misconduct (AWOL), with a characterization of service of general, under honorable conditions.  The DD Form 214 also shows a Separation Program Designator (SPD) code of JKD and a reentry (RE) code of 3.  

3.  The applicant was separated under Orders 285-0230, DA, HQS, III Corps, Fort Hood, TX with an effective date of 18 October 2012.  

4.  The applicant’s available record does not show any recorded actions under the UCMJ.  However, the applicant's record shows he was AWOL during the period 17 July 2012 through 1 August 2012 for a total of 15 days and the mode of return to his unit is unknown.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A copy of the separation authority memorandum approving the applicant’s discharge, dated 27 September 2012.  

2.  A copy of discharge orders 285-0230, HQ’s III Corps and Fort Hood, Fort Hood, TX, dated 11 October 2012.  Effective date of discharge was 18 October 2012.

3.  DD Form 214 for the period of service under review dated 18 October 2012.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD 149, dated 4 April 2013, and a DD Form 214. 

POST-SERVICE ACTIVITY: 

None were provided by the applicant.

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 issue 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.  However, the record shows that on 27 September 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  The record further contains 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 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 (1), AR 635-200, for misconduct (AWOL), 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 requirements of law and regulation were met and the rights of the applicant were protected throughout the separation process.  

4. The applicant requests an upgrade of his characterization of service to honorable and contends he regrets his actions and has learned from going AWOL, and this was his only mistake while in the service.  However, by regulation, a UOTHC discharge is normally appropriate for a member separated by reason of misconduct.  It appears the applicant’s generally good record of service was the basis for his receiving a GD instead of the normally appropriate UOTHC discharge.  It appears his misconduct diminished his overall record of service below that meriting an honorable discharge.  

5.  The applicant contends the incident that caused his discharge was the only one in his entire Army career.  Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  

6.  The applicant contends that an upgrade of his discharge would allow him to use his benefits so that he can go to school.  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.

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:  4 October 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)		AR20130006992



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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