IN THE CASE OF:  	Mr. 

      BOARD DATE:  	25 June 2014

      CASE NUMBER:  	AR20130016344
___________________________________________________________________________

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
      






















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 was discharged for driving under the influence (DUI) of alcohol.  He realizes that he made mistakes and made bad decisions in his four years and eight months in the military.  He takes full responsibility for the decisions he made.  He would like to apologize for his conduct as a noncommissioned officer (NCO).  One thing that he learned in the Army is that his actions reflected upon his unit, the NCO Corps, as well as the United States Army.  He has made efforts and has been successful in changing his ways.  Upon his discharge, he returned home to his family in Illinois.  He is currently studying automotive technology full time at Lake Land College in Mattoon, IL and he is also employed at Denny’s as a cook.  He has a 14 month old daughter and he cherishes every moment with her.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		3 September 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			21 February 2013
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200,  							Chapter 14-12c, JKQ, RE-3
e. Unit of assignment:			Rear D, 2-12 IN, Fort Carson, CO
f. Current Enlistment Date/Term:	18 June 2008, 6 years and 16 weeks			 
g. Current Enlistment Service:	4 years, 7 months, 7 days
h. Total Service:			4 years, 7 months, 7 days
i. Time Lost:				27 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-5
l.  Military Occupational Specialty:	11B10, Infantryman
m. GT Score:				NIF
n. Education:				GED
o. Overseas Service:			SWA x 2
p. Combat Service:			Afghanistan (090607-100516 and 120308-120609)
q. Decorations/Awards:		PH, ARCOM, AAM, AGCM, NDSM, ACM-w/CS-2, 						GWOTSM, ASR, OSR, NM, CIB, VUA
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes
t. Counseling Statements:		None
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 18 June 2008, for a period of 6 years and 16 weeks.   He was 21 years old at the time of entry and was a high school graduate.  His record indicates he served two combat tours in Afghanistan and at the time of his discharge he was serving at Fort Carson, CO.  His record shows he was awarded a PH, ARCOM, AAM, AGCM, and a CIB.

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.  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.  He was discharged as a SPC/E-4.

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

3.  The applicant’s record shows he has 27 days of time lost (121116-121119, AWOL and 121204-121226, civilian confinement).

4.  On 12 February 2013, HQs, US Army Garrison, Fort Carson, CO, Orders Number 043-0040, discharged the applicant from the Army effective 21 February 2013.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  A successful DA Form 1059 (Service School Academic Evaluation Report), dated 12 February 2011.  

2.  FG Article 15, dated 4 September 2012, for failing to go to his appointed place of duty at the prescribed time x 4 (120803, 120806, 120807, and 120808).  The punishment imposed consisted of a reduction to E-4, forfeiture of $1,133.00 pay per month for two months (suspended), and 45 days of extra duty and restriction.  

3.  A successful NCOER covering the period 1 March 2012 through 1 June 2012.

4.  There are no counseling statements in the available record.  

5.  Four DA Forms 4187, dated 29 August 2012 (present for duty to AWOL), dated 29 August 2012 (AWOL to present for duty), 5 December 2012 (present for duty to civilian confinement), and 26 December 2012 (civilian confinement to present for duty).

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293, DD Form 214, a self-authored statement, three character reference letters, and a memorandum from the Department of Veterans Affairs.



POST-SERVICE ACTIVITY: 

The applicant contends he is working, going to automotive school and caring for his daughter.  

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 and the issues 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 authenticated by the applicant's signature.      

3.  The DD Form 214 indicates that 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 contends he is currently studying automotive technology full time, working and taking care of his daughter.  The applicant is to be commended for his successful transition to civilian life and his many accomplishments.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  Further, 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.

5.  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.

6.  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:  25 June 2014        Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

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)		AR20130016344



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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