IN THE CASE OF:  	Mr. 

      BOARD DATE:  	4 December 2013

      CASE NUMBER:  	AR20130010248
___________________________________________________________________________

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.  The applicant states, in effect, he is requesting an upgrade to his discharge in order to better his life.  He states he was discharged for using marijuana while in the military.  He contends that he only used marijuana to help him cope with his father’s medical issues at the time.  His father had been hospitalized several times with internal bleeding and almost died twice.  He states he was feeling the pressure of possibly not seeing his father before he would die.  He contends he should have notified his chain of command that he had smoked marijuana but did not think they would let him go on emergency leave if he did.  He states he continued to work hard and is very sorry that he let down his fellow Soldiers, NCOs and his chain of command by his actions.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			23 May 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				8 August 2012
d. Reason/Authority/SPD/RE Code:		Misconduct, Serious Offense,  AR 635-200         
                                                                      Chapter 14-12c, JKQ, RE-3
e. Unit of assignment:				HHC, 4th BSTB, Fort Carson, CO
f. Current Enlistment Date/Term:		16 June 2009/3 years, 24 weeks
g. Current Enlistment Service:		3 years, 1 month, 23 days
h. Total Service:				3 years, 1 month, 23 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		91B10, Wheeled Vehicle Mechanic
m. GT Score:					NIF
n. Education:					HS Graduate
o. Overseas Service:				SWA
p. Combat Service:				Afghanistan (100717-110627)
q. Decorations/Awards:			ACM-CS, NATO Medal, NDSM, ASR, OSR
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			NIF
u. Prior Board Review:				No



SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 16 June 2009 for a period of 3 years and 24 weeks.  He was 18 years old at the time of entry and a high school graduate.  He served in Afghanistan.  He completed 3 years, 1 month, and 23 days of active duty service.  His record contains no evidence of acts of valor or significant achievements.  His record indicates he served a combat tour in Afghanistan and at the time of his discharge he was serving at Fort Carson, Colorado.

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.  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 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c, for misconduct (serious offense), 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 record contains no evidence of time lost or any action under the Uniform Code of Military Justice (UCMJ).

4.  The applicant was separated under Orders 214-0017, HQS, United States Army Garrison, Fort Carson, Fort Carson, Colorado, with an effective date of on 8 August 2012.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There are no counseling statements or UCMJ actions in the record.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided the following in support of his application:

     a.  An online application, dated 23 April 2013.

     b.  A letter of support from SSG L.  SSG L states that he worked with the applicant from January to August 2012.  When he first arrived to the section, he contends that the applicant was one of his go-to guys for the section and was extremely reliable and more than eager to learn.  He contends that he never had any disciplinary or punctuality issues with the applicant or his ability to handle a mission.  SSG L states that the applicant made a mistake and he believes the applicant has learned from it.

     c.  A self-authored statement, dated 21 May 2013, explaining that his application referenced four letters of support from his NCOs however, due to scheduling conflicts he was only able to get one letter from SSG L.

POST-SERVICE ACTIVITY: 

The applicant provided none 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 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 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c 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 is requesting an upgrade to his discharge in order to better his life was carefully considered.  However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service or the specific reason for the discharge.  Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption.  There is no evidence in the record, nor has the applicant produced any evidence to support a change to the characterization of service granted.  The applicant’s statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge.  

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)		AR20130010248



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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