IN THE CASE OF:  	Mr. 

      BOARD DATE:  	24 January 2013

      CASE NUMBER:  	AR20130010441
___________________________________________________________________________

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, that he strongly feels his discharge was unjust.  He had full communication with SATO, PAH, and his rear detachment chain of command when all of these unfortunate circumstances arose.  He has proof of emails and documentation proving
his communication with these sources and proof that he was not helped even after he attempted to receive help from a military Installation.  He realizes that his time of service and the truth of his actions are not reflected on his DD Form 214.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		3 June 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			22 May 2008
d. Reason/Authority/SPD/RE:		Misconduct (AWOL), AR 635-200, paragraph 							14-12c(1), JKD, RE-3
e. Unit of assignment:			E Company, 3d Brigade Combat Team (Rear) 							(Provisional), 101st Airborne Division (Air Assault) 						(Rear) (Provisional), Fort Campbell, KY
f. Current Enlistment Date/Term:  	19 July 2006, 3 years, 16 weeks
g. Current Enlistment Service:  	1 year, 6 months, 23 days
h. Total Service:			1 year, 6 months, 23 days
i. Time Lost:				101 days (080119-080429) 
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	13B10, Cannon Crewmember
m. GT Score:				109
n. Education:				GED
o. Overseas Service:			SWA
p. Combat Service:			Iraq (070927-080101)
q. Decorations/Awards:		NDSM, ICM-w/CS, GWOTSM, ASR, CAB
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 19 July 2006, for a period of 3 years and 16 weeks.  He was 17 years old at the time and had a GED.  The applicant served a year and a half which included a three month combat tour in Iraq.  The applicant’s record does not show any significant achievements or acts of valor.  At the time his discharge proceeding were initiated, he was serving at Fort Campbell, KY.  
SEPARATION FACTS AND CIRCUMSTANCES

1.  On 14 May 2008, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12c(1), by reason of misconduct; specifically for receiving an Article 15 for AWOL (080121-080430).

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and informed the applicant of his rights.

3.  On 15 May 2008, the applicant was afforded the opportunity to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of a general, under honorable conditions discharge.  

4.  On 19 May 2008, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 22 May 2008, under Army Regulation 635-200, Chapter 14-12c(1), for misconduct (AWOL), with a general, under honorable conditions discharge, an SPD code of JKD and an RE code of 3.

6.  The applicant’s record contains a period of lost time for being AWOL for a total of 101 days (080119-080429).  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  The applicant's disciplinary record includes his acceptance of nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for being AWOL (080121-080430).  His punishment consisted of reduction to E-1, 45 days of extra duty and 45 days of restriction (FG).

2.  One negative counseling statement indicating the applicant was being counseled for a debt (080514).  

EVIDENCE SUBMITTED BY THE APPLICANT 

A DD Form 149, a self-authored statement, an email correspondence, DD Form 214, a copy of a provisional pass, a DA Form 31, SATO print-out, and AMHRR documents

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 his military records, the documents and issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  It brought discredit on the Army and was prejudicial to good order and discipline.  By going AWOL, the applicant diminished the quality of his service below that meriting an honorable discharge.  His service was marred by an Article 15.

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance.  

4.  The applicant contends his discharge was unjust.  He had full communication with SATO, PAH, and his rear detachment chain of command when all of these unfortunate circumstances arose.  He has provided proof of emails and documentation.  However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged.  The documents provided by the applicant do not justify 101 days AWOL.  The applicant’s statement alone does not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. 

5.  The applicant contends his time of service and the truth of his actions are not reflected on the DD Form 214.  A review of the applicant DD Form 214 and the applicant’s record show the data is correct.  In addition, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The character of the applicant’s discharge is commensurate with his overall service record.  

6.  Records show the proper discharge and separation authority procedures were followed in this case.

7.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. 



SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review     Date:  24 January 2014     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)		AR20130010441



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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