IN THE CASE OF:  	Mr.

      BOARD DATE:  	2 April 2014

      CASE NUMBER:  	AR20130012284
___________________________________________________________________________

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 has been diagnosed with depression, anxiety and schizophrenia as a result of the physical and mental abuse he received from his step-dad.  He contends that as a result of the abuse he used marijuana as a child and as a Soldier.  He contends that being in the Army was a mental challenge that broke him down the same way his step-dad did.  He is now drug free but continues to feel that outcast mentality which allows him not to work or trust.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		28 June 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			9 May 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:			E Co, 121st CS FSC, Fort Bliss, TX
f. Current Enlistment Date/Term:	1 April 2010, 3 years
g. Current Enlistment Service:	1 year, 11 months, 23 days
h. Total Service:			3 years, 9 months, 20 days
i. Time Lost:				47 days
j. Previous Discharges:		USAR-080604-080729/NA										ADT-080730-090323/HD										USAR-090324-100331/NA
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	25U10, Signal Support Systems Specialist
m. GT Score:				NIF
n. Education:				GED
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		None
u. Prior Board Review:			No
SUMMARY OF SERVICE:

After serving 1 year, 9 months, and 27 days in the United States Army Reserve, the applicant enlisted in the Regular Army on 1 April 2010, for a period of three years.  He was 24 years old at the time of entry and had a high school equivalency (GED).  He was serving at Fort Bliss, TX when his discharge was initiated.  His record does not contain any evidence of acts of valor or meritorious achievements.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s available 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 signature.

2.  The DD Form 214 indicates that on 9 May 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 4.  

3.  The applicant’s record of service indicates 47 days of time lost from 6 January 2012 until his return on 21 February 2012.  Documents supporting the time lost were not found in the available record.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The applicant's available record does not contain any recorded actions under the UCMJ or counseling statements.  However, the applicant was separated as a PV1/E-1 and the action that caused his reduction is not contained in the service record.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, medical documents, dated 14 July 2012, and documents from the Tidewater Psychotherapy Services for medical treatment received prior to the enlistment under review.

POST-SERVICE ACTIVITY: 

None 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 available record of service, his 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 available 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.  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 that he has been diagnosed with depression, anxiety and schizophrenia as a result of the physical and mental abuse he received from his step-dad.  The post service documents submitted by the applicant diagnosing him with being schizophrenia was noted; however, the service record contains no evidence of a schizophrenia diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.

5.  Additionally, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service.  There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted.  

6.  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.

7.  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:  2 April 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)		AR20130012284



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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