IN THE CASE OF:  	

      BOARD DATE:  	23 October 2013

      CASE NUMBER:  	AR20130007994
___________________________________________________________________________

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.  Counsel requests on behalf of the applicant an upgrade of his discharge from general, under honorable conditions to honorable.

2.  Counsel states, in effect, after being discharged from the service, the applicant has been receiving mental health services from the Veterans Administration (VA).  He contends the applicant has been diagnosed with Post Traumatic Stress Disorder (PTSD) for time he served in the Iraq war.  In addition, counsel contends the applicant has an adjustment disorder and would like the board to consider this as the reason for his behavior after returning from the overseas theater of operations.  Counsel contends the applicant has not been in any trouble since his discharge.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			18 April 2013			
b. Discharge Received:			General, Under Honorable Conditions		
c. Date of Discharge:				23 January 2013				
d. Reason/Authority/SPD/RE Code:		Pattern of Misconduct, AR 635-200, Chapter 
							14-12b, JKA, RE-3		
e. Unit of assignment:				Echo Forward Support Company, 1st BN, 5th
						Calvary Regiment, Fort Hood, TX			
f. Current Enlistment Date/Term:		11 January 2010, 3 years, 21 weeks	
g. Current Enlistment Service:		2 years, 11 months, 18 days	
h. Total Service:				2 years, 11 months, 18 days
i. Time Lost:					26 days	
j. Previous Discharges:			None	
k. Highest Grade Achieved:			E-2
l. Military Occupational Specialty:		92G10, Food Service Specialist
m. GT Score:					NIF					
n. Education:					College Graduate	
o. Overseas Service:				SWA
p. Combat Service:				Iraq, (110526-111129)	
q. Decorations/Awards:			MUC, NDSM, GWOTSM, ICM-CS, ASR	
r. Administrative Separation Board:		No 	
s. Performance Ratings:			No
t. Counseling Statements:			NIF
u. Prior Board Review:				No




SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 11 January 2011 for a period of 3 years and 21 weeks.  He was 30 years old at the time of entry and a college graduate.  He served in Iraq and his record does not document any acts of valor or significant achievement.  He completed 2 years, 11 months, and 18 days of active duty service.  The record shows he had a total of 26 days of lost time.

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 indicates that on 3 December 2012, the separation authority directed the applicant be discharged from the Army with a characterization of service of general, under honorable conditions.  

2.  The applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by his electronic signature.  The DD 214 indicates the applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, for pattern of misconduct, with a characterization of service of general, under honorable conditions.  The DD 214 shows a Separation Designator (SPD) code of JKA and a reentry (RE) code of 3.  

3.  The applicant’s record shows he was absent without leave (AWOL) for a total of 26 days (20100806-20100831).  The mode of return is unknown.

4.  The applicant was separated under Orders 015-0140, HQs, III Corps and Fort Hood, TX, with an effective date of 23 January 2013.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

Orders 015-0140, Department of the Army, Headquarters, III Corps and Fort Hood, Fort Hood, Texas, discharge from the regular Army, effective 23 January 2013.

EVIDENCE SUBMITTED BY THE APPLICANT:

1.  Counsel provided a DD Form 149, (Application for Correction of Military Records) dated, 19 April 2013 and VA Form 21-22a, (Appointment of Individual as Claimant’s Representative) dated, 2 April 2013.

2.  There are no counseling statements or Uniform Code of Military Justice 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.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with his petition.

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.  Counsels request for an upgrade of the characterization of the applicant’s discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, the issues 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 his electronic 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 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.  Counsel provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  

5.  Counsel contends the applicant has been receiving mental health services from the Veterans Administration and has been diagnosed with PTSD, as well as, an adjustment disorder, and should be considered to be the reason for his behavior after returning from the overseas theater of operations.  However, it is not possible to determine if these contentions have 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.

6.  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: 23 October 2013        Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: Yes

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:		No Change
Change RE Code to:			No Change
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)		AR20130007994



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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