IN THE CASE OF:  	 Mr. 

      BOARD DATE:  	4 December 2013

      CASE NUMBER:  	AR20130009712
___________________________________________________________________________

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.  He states, in effect, he completed his first enlistment with no negative action.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		20 May 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			10 July 2012
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, 							Chapter 14, paragraph 14-12c, JKQ, RE-3
e. Unit of assignment:			B Battery, 2-77th Field Artillery Regiment, 4th Brigade						Combat Team, Fort Carson, CO
f. Current Enlistment Date/Term:	7 March 2007, 3 years and 17 weeks/2 month 							extension with an ETS of 3 September 2010.  The DD 					Form 214 shows the applicant was paid a 							reenlistment bonus on 2 November 2009.  The 							immediate reenlistment contract is not contained 						in the available record.
g. Current Enlistment Service:	5 years, 1 month, 23 days 
h. Total Service:			5 years, 1 month, 23 days
i. Lost time:				70 days
j. Previous Discharges:		RA (070307-090407)/HD
k. Highest Grade Achieved:		E-5
l. Military Occupational Specialty:	13B20, Cannon Crewmember
m. GT Score:				97
n. Education:				GED Certificate
o. Overseas Service:			Southwest Asia/overseas service location not in file
p. Combat Service:			Iraq (081119-091117)
q. Decorations/Awards:		ARCOM, AAM-2, AGCM, NDSM ICM-W/2 CS, 							GWOTSM, NPDR, ASR, OSR, MUC
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:		

The applicant's record shows he enlisted in the Regular Army on 7 March 2007, for a period of 3 years and 17 weeks.  He was 17 years old at the time of entry with a GED Certificate.  He was trained in and awarded military occupational specialty (MOS) 13B20, Cannon Crewmember.  The immediate reenlistment contract is not contained in the available record. His record also shows that he served a combat tour, earned several awards including an ARCOM, two AAMs, AGCM; and he achieved the rank of SGT/E-5.  He was serving at Fort Carson, CO when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service 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 digital signature.  

2.  The DD Form 214 indicates that on 10 July 2012, the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), with a characterization of service of general, under honorable conditions.  The DD Form 214 also 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 Uniform Code of Military Justice (UCMJ).  

4.  The applicant’s record of service indicates 70 days of time lost for the period of 1 March 2012 through 11 May 2012; the category of lost time could not be determined.

5.  On 29 June 2012, DA, Installation Management Command, HQS US Army Garrison, Fort Carson, Fort Carson, CO, Orders Number 181-0019, discharged the applicant from the Army effective 10 July 2012.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record contains a NCOER covering the period 1 June 2010 through 31 May 2011, the applicant was rated “Among the Best,” and a report covering the period 1 June 2011 through 31 May 2012 which the applicant was rated as “Marginal.”

2.  The record did not contain any other relevant information.

EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant provided a DD Form 149 and a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant did not provide any 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 record of service, his available military records, the issue and documents 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 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's digital signature.  This document identifies the reason and characterization of the discharge and government regularity is presumed 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 general, under honorable conditions.  Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  The applicant contends he completed his first enlistment with no negative action.  The applicant is to be commended for his effort.  However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued.  

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 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:  Records Review     Date:  4 December 2013     Location:  Washington, DC

Did the Applicant Testify?  NA 

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)		AR20130009712



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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