IN THE CASE OF:  	Mr. 

      BOARD DATE:  	24 July 2013

      CASE NUMBER:  	AR20130010032
___________________________________________________________________________

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 that 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 was a low point and made a one-time mistake.  He has learned from this mistake and has turned his life around.  He has an opportunity to go the police academy and is being highly recommended, they believe he would make a good police officer.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		28 May 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			3 October 2012
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, 14-12c(2), 						JKK, RE-4        
e. Unit of assignment:			HHT 1st Sqdn, 3d Armd Cav Rgt, Fort Hood, TX
f. Current Enlistment Date/Term:	25 January 2010, 3 years and 18 weeks
g. Current Enlistment Service:	2 years, 7 months, 14 days
h. Total Service:			2 years, 7 months, 14 days
i. Time Lost:				26 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	13F10, Fire Support Specialist
m. GT Score:				100
n. Education:				HS Grad
o. Overseas Service:			SWA
p. Combat Service:			Iraq (100824-110812)
q. Decorations/Awards:		ARCOM, NDSM, ICM-2, ASR, OSR, CAB
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		None	
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 25 January 2010, for a period of 3 years and 18 weeks.  He was 20 years old at the time of entry and was a high school graduate.  He was serving at Fort Hood, TX when his discharge was initiated.  He served in Iraq and his awards record shows he received an ARCOM and a CAB.  


SEPARATION FACTS AND CIRCUMSTANCES

1.  The applicant’s available record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  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.  He was discharged as a PVT/E-1.

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

3.  The record contains a document dated 11 September 2012, which shows the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

4.  The applicant’s available record shows 26 days of time lost (111207-120101).  

5.  The applicant was separated under Orders 268-0130, HQS, III Corps and Fort Hood, TX, with an effective date of 3 October 2012.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

The applicant was discharged as a PVT/E-1.  The action that caused this reduction in rank is not contained in the available record.

EVIDENCE SUBMITTED BY THE APPLICANT 

None were provided 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 record of service, his military records and 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 record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.      

3.  The DD Form 214 shows the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c(2) by reason of misconduct (drug abuse), 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 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.  The applicant contends that he was a low point and made a one-time mistake.  He has learned from this mistake and has turned his life around.  He has an opportunity to go the police academy and is being highly recommended, they believe he would make a good police officer. The applicant is commended for his efforts to turn his life around.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.   

6.  Although a one-time mistake, the discrediting entry would have 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.  

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 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:  24 July 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)		AR 20130010032

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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