IN THE CASE OF:  	Mr. 

      BOARD DATE:  	13 December 2013

      CASE NUMBER:  	AR20130010043
___________________________________________________________________________

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 her discharge from general, under honorable conditions to honorable.

2.  She states, in effect, since her discharge she has done nothing but positive things and changed for the better.  She would like a second chance from the military to make it on the outside with the benefits of an honorable discharge; she desires to attend school and succeed.  She cannot obtain a good government job.  She was a good Soldier and just needed a little more help than others.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		22 May 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			14 August 2012
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, 								Chapter 14, paragraph 14-12c(2), JKK, RE-4
e. Unit of assignment:			HHB, 1-62nd Air Defense Artillery Regiment, 69th Air 						Defense Artillery Brigade, Fort Hood, TX
f. Current Enlistment Date/Term:	22 October 2010, 3 years and 24 weeks/ 6 months 						extension (111019)
g. Current Enlistment Service:	3 years, 9 months, 23 days 
h. Total Service:			3 years, 9 months, 23  days
i. Lost time:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	92G10, Food Service Operations
m. GT Score:				NIF
n. Education:				GED Certificate
o. Overseas Service:			Germany
p. Combat Service:			None
q. Decorations/Awards:		AGCM, NDSM GWOTSM, ASR, OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant's record shows she enlisted in the Regular Army on 22 October 2010, for a period of 3 years and 24 weeks, with a 6 month extension.  She was 24 years old at the time of entry with a GED Certificate.  She was trained in and awarded military occupational specialty (MOS) 92G10, Food Service Operations.  Her record does not show any combat service, but she earned an AGCM; and she achieved the rank of SPC/E-4.  She was serving at Fort Hood, TX when her discharge was initiated.
SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record is void of the complete facts and circumstances concerning the events which led to the discharge from the Army.  However, the record contains the separation authority’s memorandum which shows on 23 July 2012, the approving authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

2.  The record also contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s digital signature.  

3.  The DD Form 214 indicates that on 14 August 2012, the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), with a characterization of service of general, under honorable conditions.  The DD Form 214 also shows a Separation Program Designator (SPD) code of JKK and a reentry (RE) code of RE 4.  

4.  The applicant’s available record does not document any recorded actions under the UCMJ, unauthorized absences or time lost.  However, she was separated as a PV1/E-1 and the action that caused her reduction is not contained in the service record.

5.  On 6 August 2012, DA, HQS III Corps and Fort Hood, Fort Hood, TX, Orders Number 219-0273, discharged the applicant from the Army effective 14 August 2012.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record of evidence contains discharge orders number 219-0273, dated 6 August 2012.

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

EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant provided a DD Form 293, Memorandum, Certificate of Achievement, DA Form 638 (Recommendation for Award), two DA Forms 4856 (Developmental Counseling Form), Certificate, Lincoln’s Challenge Academy, and a Certificate of Appreciation, Special Olympics. 

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 her discharge was carefully considered.  However, after examining her military records, the issues 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 complete facts and circumstances concerning the events which led to her 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(2), AR 635-200 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 contends since her discharge she has done nothing but positive things and changed for the better.  The applicant is to be commended for her 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.  The applicant further contends she would like a second chance from the military to make it on the outside with the benefits of an honorable discharge; she desires to attend school and succeed.  However, 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.

6.  The applicant also contends she cannot obtain a good government job.  The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

7.  The applicant additionally contends she was a Soldier and just needed a little more help than others.  However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service.  The applicant bears the burden of presenting substantial and credible evidence to support this contention.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she was a good Soldier and needed more help than others.

8.  If the applicant desires a personal appearance hearing, it will be her 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.

9.  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:  13 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)		AR20130010043



Page 2 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1