IN THE CASE OF:  	Mr. 

      BOARD DATE:  	11 March 2014

      CASE NUMBER:  	AR20130015991
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, and notwithstanding the Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service, his combat service and testimony, and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable.  The Board determined the reason for discharge was 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 general, under honorable conditions discharge to fully honorable.

2.  The applicant states, in effect, he is requesting an upgrade of his discharge to be entitled to all his veterans benefits.  He completed the Army Substance Abuse Program (ASAP). 
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			28 August 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				6 February 2013
d. Reason/Authority/SPD/RE Code:		Misconduct (Serious Offense), AR 635-200, 
Chapter 14-12c, JKQ, RE-3
e. Unit of assignment:				HHC 25th CS Support Battalion, Fort 
Wainwright, AK
f. Current Enlistment Date/Term:		NIF
g. Current Enlistment Service:		NIF
h. Total Service:				5 years, 11 months, 10 days
i. Time Lost:					13 days
j. Previous Discharges:			DEP, 070212-070226, NA
RA, 070227-100220, HD
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		92G10, Food Service Operations
m. GT Score:					NIF
n. Education:					GED
o. Overseas Service:				SWA
p. Combat Service:				Iraq, 080921-090920
Afghanistan, 110510-120413
q. Decorations/Awards:			ICM-2CS, ARCOM, AAM, AGCM, NDSM, 
ACM-2CS, GWOTSM, ASR, OSR-3, NATO MDL, CAB
r. Administrative Separation Board: 		NA
s. Performance Ratings:			NA
t. Counseling Statements:			NIF
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 27 February 2007 for a period of 3 years and 20 weeks; however, the specific date of his reenlistment and current term of service is not available in the record.  He was 23 years old at the time of entry and had a General Equivalency Diploma (GED).  He served in Iraq and Afghanistan and earned an ARCOM and an AAM.  He completed 5 years, 11 months, 10 days of active duty service.  When his discharge proceedings were initiated, he was serving at Fort Wainwright, Alaska.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s 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 not authenticated by the applicant’s signature.  

2.  The DD Form 214 indicates that on 6 February 2013, the applicant was discharged under the provisions of Chapter 14, 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 record of service indicates 13 days of time lost for confinement from 
21 August 2012 until 4 September 2012. 

4.  On 25 January 2013, DA Headquarters, U.S. Army Garrison Fort Wainwright, Fort Wainwright, Alaska, Orders Number 025-0206, discharged the applicant from the Army effective 6 February 2013.  He was separated as a SPC/E-4.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

Discharge Orders 05-0206, DA Headquarters, U.S. Army Garrison Fort Wainwright, Fort Wainwright, Alaska, Orders Number 025-0206, effective 6 February 2013.

EVIDENCE SUBMITTED BY THE APPLICANT:

1.  The applicant provided a DD Form 293, dated 26 August 2013; a DD Form 214; a DD Form 4466 (Patient Progress Report (PPR), dated 1 February 2013; an undated letter of completion of the Prime for Life Program, Fort Wainwright, Alaska; an honorable discharge certificate; Orders Number 111-310 and amended Orders 202-303, DA Military Personnel Division, Fort Wainwright, Alaska, dated 21 April 2010 and 21 July 2010; his enlistment contract dated 
27 February 2007.  

2.  On 10 March 2013, the applicant provided additional documents, which included a copy of his installation clearance papers, a DD Form 214WS, two Enlisted Record Briefs (ERBs), dated 28 March 2012, and 28 January 2013; a printout of case number AR20120010407 from the ARBA Reading Room; a service invoice, dated 20 February 2014 from LifeSafer.com; and, a LifeSafer installation certificate.

POST-SERVICE ACTIVITY: 

The applicant did not provide any in support of 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, 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 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 not 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, 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's contentions about completing the ASAP program was carefully considered.  However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service.  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.  The applicant contends that an upgrade of his discharge would allow for him to use his veteran benefits.  However, 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.

6.  It is the applicant’s 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:  Personal Appearance    Date:  11 March 2014     Location:  Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers:  NA 

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted no additional documents or contentions.

2.  In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing.

Board Vote:
Character Change:  5	No Change:  0
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)		AR20130015991



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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