IN THE CASE OF:  	Mr. 

      BOARD DATE:  	9 June 2014

      CASE NUMBER:  	AR20130016454
___________________________________________________________________________

Board Determination and Directed Action

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 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 his under other than honorable conditions discharge be upgraded to  honorable.

2.  The applicant states, in effect, that he is requesting an upgrade due to the circumstances surrounding his separation.  He was hazed and harassed by his superiors until he could not take it anymore.  He was treated extremely unfair at his first unit.  He was made to fight other Soldiers for amusement and was treated worse than in basic training.  He purposely failed a drug test, so he could either be sent to rehabilitation or sent home.  Three other Soldiers were going through the same thing and chose the same route to get away from the platoon sergeant.  He was also told by several Soldiers that the platoon sergeant had stated that if he deployed, he would become a victim of friendly fire.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			6 September 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				29 June 2005
d. Reason/Authority/SPD/RE Code:	  	In Lieu of Trial by Court-Martial, AR 635-200 							Chapter 10, KFS, RE-4
e. Unit of assignment:				HHC, 2nd Battalion, 6th Infantry, Baumholder 							Germany 	
f. Current Enlistment Date/Term:		12 May 2004, 3 years, 18 weeks	
g. Current Enlistment Service:		1 year, 1 month, 18 days
h. Total Service:				1 year, 1 month, 18 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			NIF
l. Military Occupational Specialty:		19D10, Cavalry Scout
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:

The record shows the applicant enlisted in the Regular Army on 12 May 2004 for a period of 3 years and 18 weeks.  He was 17 years old and had a GED.  He was trained in and awarded military occupational specialty (MOS) 19D10, Cavalry Scout.  When his discharge proceeding were initiated he was serving in Baumholder, Germany.  His record documents no acts of valor or significant achievement. 

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 authenticated by the applicant’s signature.  

2.  The DD Form 214 indicates that on 12 May 2004, 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 (in lieu of trial by court-martial) with a reentry eligibility (RE) code of 4.

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

4.  On 26 June 2005, Department of the Army, Baumholder Transition Center, APO AE 09034,   Orders Number 177-02, discharged the applicant from the Army effective 29 June 2005.

5.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed 1 year, 1 month and 18 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:

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

EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant did not provide any supporting documents with his application.

POST-SERVICE ACTIVITY: 

None provided with the application.  

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for 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.  Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate.

2.  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.

3.  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.  

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 the applicant’s 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 authenticated by the applicant's 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.  

3.  The applicant's contends he was hazed and harassed by his superiors until he could not take it anymore.  He was treated extremely unfair at his first unit.  He was made to fight other Soldiers for amusement and was treated worse than in basic training.  In addition, he was also told by several Soldiers that the platoon sergeant stated that if he deployed, he would become a victim of friendly fire.  The applicant’s contentions were noted; however, he did not provide any proof to support these allegations.  Furthermore, the 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.  The applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance from his chain of command.  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.  

4.  The applicant contends he purposely failed a drug test while in the Army, so that he could either be sent to rehabilitation or sent home.  Three other Soldiers were going through the same thing and chose the same route to get away from the platoon sergeant.  The record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  

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. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review     Date:  9 June 2014        Location: Washington, DC

Did the Applicant Testify?  No

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)		AR20130016454



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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