IN THE CASE OF:	Mr. 

      BOARD DATE:	30 May 2014

      CASE NUMBER:	AR20130014707
___________________________________________________________________________

Board Determination and Directed Action

1.  After carefully examining the applicant's record of service during the period of enlistment under review and considering the examiner’s Discussion and Recommendation which follows, the Board determined the discharge to be both proper and equitable and voted to deny relief.  

2.  However, notwithstanding the propriety of the applicant’s discharge, the Board found that the applicant’s DD Form 214, block 27 contains the erroneous reentry code of NA.    

3.  In view of the error, the Board directed an administrative correction to block 27 to read RE-4, as required by Army Regulations.




      
      
      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 to upgrade the characterization of his service from under other than honorable to fully honorable.

2.  The applicant states, in effect, he was mentally unstable when the incident that caused him to receive an under other than honorable conditions discharge occurred.  He was being treated and medicated for his mental condition during his active duty service. 
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	12 August 2013
	b.	Discharge Received:	Under Other Than Honorable Conditions
	c.	Date of Discharge:	2 September 2010
	d.	Reason/Authority/SPD/RE Code:	In Lieu of Trial by Court-Martial, AR 635-200, 
			Chapter 10, KFS, NA
	e.	Unit of assignment:	Co A, WT, Fort Polk, LA
	f.	Current Enlistment Date/Term:	2 May 2009, 400 days; pursuant to Mobilization
			Orders
	g.	Current Enlistment Service:	1 year, 4 months, 1 day
	h.	Total Service:	5 years, 6 months, 25 days
	i.	Time Lost:	None
	j.	Previous Discharges:	ARNG     (050208-050306) / NA
			IADT       (050307-050804) / HD
			ARNG     (050805-061107) / NA
			AD MOB (061108-090407) / HD
			ARNG     (090408-090501) / NA
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	11B10, Infantryman
	m.	GT Score:	NIF
	n.	Education:	HS Graduate
	o.	Overseas Service:	SWA
	p.	Combat Service:	Iraq (090720-100224)
	q.	Decorations/Awards:	AAM; ARCAM; NDSM; ICM-3CS; GWOTSM; 
			AFRM-M-2; ASR; OSR; CAB; MUC
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	NIF
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:

The applicant was ordered to AD in support of OIF on 2 May 2009, for a period of 400 days pursuant to orders 097-248, dated 7 April 2009.  He was 24 years old at the time and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman.  He served in Iraq.  He earned an AAM and an ARCAM.  He completed 5 years, 6 months, and 25 days of active duty and reserve service.  
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.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant’s signature.  

2.  The DD Form 214 indicates that on 2 September 2010, the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the Service in lieu of trial by court-martial with a characterization of service of under other than honorable conditions.  Further, the DD Form 214 shows a Separation Code of KFS, i.e., in lieu of trial by court-martial with a reentry eligibility (RE) code of NA.

3.  The applicant’s available record does not show any evidence of actions under the UCMJ or unauthorized absences or time lost.

4.  There are no discharge orders available in the applicant’s records; however, the DD Form 214 (Report of Separation from Active Duty), he was issued shows he completed 5 years, 6 months and 25 days of creditable active military service.  There is no time lost recorded on the applicant’s DD Form 214.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There are no negative counseling’s or actions under the Uniform Code of Military Justice.

2.  Orders 033-027, dated 2 February 2011, issued by the Oregon Military Department, Joint Force HQs, ORARNG, Salem, OR, indicates the applicant was reduced from SPC/E-4  to PV1/E-1, effective 3 September 2010, pursuant to AR 600-8-10, paragraph 10-15, a day after the applicant’s discharge that is under current review.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none, although he indicated he submitted documents relating to Landstuhl Regional Medical Center, patient movement request, and DD Form 214, none were attached to his application.

POST-SERVICE ACTIVITY: 

The applicant provided none. 

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  

2.  Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.  

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

2.   However, the service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as NA.  The DD Form 214 confirms an approved discharge by reason of in lieu of trial by court-martial.  AR 635-5-1, (Separation Program Designator Codes) and Cross Reference Table shows that a Soldier processed for discharge in lieu of trial by court-martial will be assigned an SPD Code of KFS and an RE Code of 4.  

3.  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 digital signature.  This document identifies the reason and characterization of the discharge.  Barring evidence to the contrary, it appears all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  The applicant's contentions were carefully considered.  However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service or his medical condition.  Moreover, there is a presumption of regularity in the conduct of governmental affairs.  This presumption 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 in this case 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, it is his responsibility to meet the burden of proof since the evidence is not available in the official record.  The applicant will need to provide the appropriate documents or other evidence (i.e., discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.

6.  Therefore, based on the available evidence and the presumption of government regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief.  Further, In view of the foregoing and notwithstanding the propriety of the discharge, recommend the Board change block 27, reentry code to 4, as required by Army Regulations.   

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Personal Appearance     Date:  30 May 2014      Location:  Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

Witnesses/Observers:  No 

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:		Yes
Change Characterization to:	No Change
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		4
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)		AR20130014707

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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