IN THE CASE OF:  	Mr. 

      BOARD DATE:  	2 May 2014

      CASE NUMBER:  	AR20130015529
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and notwithstanding the examiner’s Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh based on the applicant’s length of service (i.e., served the majority of his enlistment) and his combat service, as a result it is inequitable.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable.  The Board determined the reason for discharge was both proper and equitable and voted not to change it.




      
      
      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 was discharged nine days before his contract was completed; he was discharged after serving three and a half years on active duty including fourteen months in Afghanistan and was cast out as nothing.  Since his discharge, he has not had any further incidents or problems.  He desires to receive VA benefits to go on with his life and become a productive member of society.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		19 August 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			6 December 2012
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, 							Chapter 14, paragraph 14-12c, JKQ, RE-3
e. Unit of assignment:			Forward Support Company, 2nd Engineer Battalion,						Fort Bliss, TX
f. Current Enlistment Date/Term:	22 July 2009, 3 years and 21 weeks
g. Current Enlistment Service:	3 years, 4 months, 15 days
h. Total Service:			3 years, 4 months, 15 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:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Afghanistan (100415-110401)
q. Decorations/Awards:		NDSM, ACM-W/2 CS, GWOTSM, ASR, OSR, NATO 						MDL
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		NIF
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant's record shows he enlisted in the Regular Army on 22 July 2009, for a period of 3 years and 21 weeks.  He was 17 years old at the time of entry and a HS Graduate.  He was trained in and awarded military occupational specialty (MOS) 92G10, Food Service Operations.  His record also shows he served a combat tour, the record did not contain any awards for acts of valor or meritorious achievements; and he achieved the rank of   SPC/E-4.  He was serving at Fort Bliss, TX when his 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 a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s digital signature.  

2.  The DD Form 214 indicates that on 6 December 2012, the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), with a characterization of service of general, under honorable conditions.  The DD Form 214 also shows a Separation Program Designator (SPD) code of JKQ and a reentry (RE) code of 3.  

3.  The applicant’s available record did not reveal any recorded actions under the UCMJ, unauthorized absences or time lost.  However, he was separated as a PVT/E-1 and the action that caused his reduction is not contained in the service record.

4.  On 4 December 2012, DA, HQS, 1st Armored Division & Fort Bliss, Fort Bliss, TX, Orders Number 339-0098, discharged the applicant from the Army effective 6 December 2012.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record contains discharge orders number 339-0098, dated 4 December 2012.

2.  The record also contains a DD Form 214, dated 6 December 2012.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, and DD Form 214.

POST-SERVICE ACTIVITY:

The applicant is currently under counseling at the VA.

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.

ANALYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after examining his available 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 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 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, AR 635-200 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 was discharged nine days before his contract was completed; and after serving three and a half years on active duty including fourteen months in Afghanistan and was cast out as nothing.  The applicant’s service accomplishments and the quality of his service prior to the misconduct that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge under review.

5.  Further, the available 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.

6.  The applicant’s further contends since his discharge he has not had any further incidents or problems.  The applicant is to be commended for his efforts.  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.  

7.  The applicant desires to receive VA benefits to go on with his life and become a productive member of society.  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.

8.  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.

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 the analyst recommends the Board deny relief.

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and notwithstanding the examiner’s Discussion and Recommendation, the Board determined that the characterization of service was too harsh based on the applicant’s length of service (i.e., served the majority of his enlistment) and his combat service, as a result it is inequitable.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable.  The Board determined the reason for discharge was both proper and equitable and voted not to change it.
















SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  2 May 2014     Location:  Washington, DC

Did the Applicant Testify:  NA

Counsel:  None

Witness/Observer:  NA

Board Vote:
Character  	Change:  3	No Change:  2
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:	Honorable
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)		AR20130015529



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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