IN THE CASE OF:  	Ms. 

      BOARD DATE:  	27 June 2014

      CASE NUMBER:  	AR20130017204
___________________________________________________________________________

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
      
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 her discharge from general, under honorable conditions to honorable.

2.  The applicant states, in effect, she wants to continue her education and make a positive impact on her life as well as her daughter's future.  Her goal is to make the Army a career so she can make a positive contribution to her country, to better her future and that of her newborn baby.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		16 September 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			1 August 2013
d. Reason/Authority/SPD/RE:		Pattern of Misconduct, AR 635-200, Chapter 14 						Paragraph 14-12b, JKA, RE-3
e. Unit of assignment:			A Co, 94th Combat Support Battalion, Brigade 							Support Battalion, Fort Polk, LA
f. Current Enlistment Date/Term:	3 May 2011, 3 years and 26 weeks
g. Current Enlistment Service:	2 years, 2 months, 26 days
h. Total Service:			2 years, 2 months, 26 days
i. Lost time:				3 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	92A10, Automated Logistical Specialist
m. GT Score:				NIF
n. Education:				HS Graduate
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:		NIF
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant's record shows she enlisted in the Regular Army on 3 May 2011, for a period of 3 years and 26 weeks.  She was 20 years old at the time of entry and a HS Graduate.  She was trained in and awarded military occupational specialty (MOS) 92A10, Automated Logistical Specialist.  Her record does not contain any evidence of acts of valor or meritorious achievements; she achieved the rank of PFC/E-3.  He was serving at Fort Polk, LA when her 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 1 August 2013, the applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, with a characterization of service of general, under honorable conditions.  The DD Form 214 also shows a Separation Program Designator (SPD) code of JKA and a reentry (RE) code of 3.

3.  The applicant’s available record did not reveal any recorded actions under the Uniform Code of Military Justice (UCMJ).  However, she was separated as a PVT/E-1 and the action that caused her reduction is not contained in the service record.

4.  On 25 July 2013, DA, HQS, Joint Readiness Training Center & Fort Polk, Fort Polk, LA, Orders Number 206-0348 discharged the applicant from the Army effective 1 August 2013.

5.  The applicant’s record of service indicates 3 days of time lost for being AWOL from                   20 December 2012 until 22 December 2012; mode of return was not in the file.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record contains discharge orders number 206-0348, dated 25 July 2013.

2.  The record also contains a DD Form 214, dated 1 August 2013.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application (seven pages).

POST-SERVICE ACTIVITY:

The applicant did not provide any information with her 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.

ANALYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  However, after examining her 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.  The applicant’s record is void of the complete facts and circumstances concerning the events which led to her 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 14-12b, AR 635-200 by reason of pattern of misconduct, 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 she wants to continue her education and make a positive impact on her life as well as her daughter's future.  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.  The applicant further contends her goal is to make the Army a career so she can make a positive contribution to her country, to better her future and that of her newborn baby.  Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There is no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 

6.  Also, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

7  If the applicant desires a personal appearance hearing, it will be her 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.

8.  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.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  27 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)		AR20130017204



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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