IN THE CASE OF:  	Mr. 

      BOARD DATE:  	15 November 2013

      CASE NUMBER:  	AR20130008041
___________________________________________________________________________

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 general, under honorable conditions to honorable.

2.  He states, in effect, his discharge was inequitable because it was based on an isolated incident during 132 months of service with no other adverse action.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		25 April 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			12 April 2005
d. Reason/Authority/SPD/RE:		Misconduct , AR 635-200, Chapter 14, 								paragraph 14-12c, JKQ, RE-3
e. Unit of assignment:			HHC, 2-504th Infantry Battalion, Fort Bragg, NC
f. Current Enlistment Date/Term:	22 August 2000, 6 years/3 month extension (031023)
g. Current Enlistment Service:	4 years, 7 months, 21 days 
h. Total Service:			11 years, 2 months, 12 days
i. Lost time:				RA (940201-970131)/HD										RA (970207-990526)/HD										RA (990527-000821)/HD
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-6
l. Military Occupational Specialty:	11B2P, Infantryman
m. GT Score:				123
n. Education:				HS Graduate
o. Overseas Service:			Haiti/Hawaii/Southwest Asia
p. Combat Service:			Afghanistan (021206-030714)/Iraq (040114-040414)
q. Decorations/Awards:		ARCOM, AAM-6, AGCM-3, NDSM-2, KCM, AFEM,						GWOTEM, GWOTSM, HSM, NPDR-2, ASR, NATO 						MDL, MFOM, CIB, EIB, JMUA
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes
t. Counseling Statements:		NIF
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 1 February 1994, for a period of 3 years.  He was 24 years old at the time and a HS Graduate.  He was trained in and awarded military occupational specialty (MOS) 11B2P, Infantryman.  He reenlisted on 7 February 1997, for a period of 3 years and he was 27 years old at the time.  He reenlisted on 27 May 1999, for a period of 2 years and he was 29 years old at the time.  His last enlistment on 22 August 2000 was for a period of 6 years with a 3 month extension.  His record also shows that he served two combat tours, earned several awards including an ARCOM, AAM-6, AGCM-3, CIB, EIB; and he achieved the rank of SSG/E-6.  He was serving at Fort Bragg, NC when his discharge was initiated.

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 authenticated by the applicant’s signature.

2.  The DD Form 214 indicates the applicant was discharged on 12 April 2005 under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 for misconduct, 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 contain any documented evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record contains an administrative General Officer Memorandum of Reprimand (GOMOR), dated 14 December 2004 for driving while impaired with a blood alcohol content of .19%.

2.  The record contains 6 NCOERs covering the periods of November 2000 through October 2003, which the applicant was rated “Fully Capable,” November 2003 through October 2004, he was rated “Among the Best,” and November 2004 through March 2005 he received a “Marginal Rating.”

3.  An Article 15, dated 19 January 2005 for conducting himself in a manner to bring discredit upon the Armed Forces, by wrongfully disobeying a weekly unit safety briefing which was prejudicial to good order and discipline (041204); the punishment consisted of reduction to E-5 and forfeiture of $1,170 pay x 1 month, (FG).

EVIDENCE SUBMITTED BY THE APPLICANT:  

The applicant provided a DD Form 293 and a DD Form 214..

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 record of service, his military records, the issue 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 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, 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 would have been protected throughout the separation process. 


4.  The applicant contends his discharge was inequitable because it was based on an isolated incident during 132 months of service with no other adverse action.  The applicant's contention was carefully considered.  However, there is insufficient evidence available in the official record to make a determination as to whether this contention has merit or could be substantiated.  The applicant bears the burden of presenting substantial and credible evidence to support his contention.  There is no evidence in the record, nor has the applicant produced any evidence to support this contention.

5.  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.

6.  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 were both proper and equitable, thus recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Record Review     Date:  15 November 2013         Location:  Washington, DC

Did the Applicant Testify:  NA

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)		AR20130008041



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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