IN THE CASE OF:  	Mr. 

      BOARD DATE:  	13 March 2014

      CASE NUMBER:  	AR20130017308
___________________________________________________________________________

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 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 his under other than honorable conditions discharge be upgraded to general, under honorable conditions or honorable.

2.  The applicant states, in effect, that he is asking to be heard in regards to an upgrade of his discharge due to his exemplary service records.  He would like to show that he is capable of serving in the community as well.  He has served and given his life to this great nation and he loves this country.  This country has given him the opportunity to make his family proud and to be able to become a citizen.  He has deployed to domestics countries.  He just wants the chance to get his life back.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			17 September 2012
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				21 May 2012
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:				MCOE Residual Soldiers, Fort Knox, KY	
f. Current Enlistment Date/Term:		31 January 2011, 4 years	
g. Current Enlistment Service:		1 year, 3 month, 21 days
h. Total Service:				7 Years, 11 months, 6 days
i. Time Lost:					None
j. Previous Discharges:			RA (040616-071103), HD										RA (071104-091104),HD										RA (091105-110130), HD
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		19D10 D3, Cavalry Scout
m. GT Score:					86
n. Education:					13 years
o. Overseas Service:				SWA x 3
p. Combat Service:				Iraq (041101-050301, 061028-080128, and 							090203-100120)
q. Decorations/Awards:			ARCOM-2, AAM, AGCM-2, ICM-w/CS-3, 							NDSM, GWOTEM, GWOTSM, NPDR, ASR, 							OSR-2, CAB
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 16 June 2004 for a period of 3  years and 18 weeks.  He was 20 years old and a high school graduate.  He reenlisted three additional times and was serving at Fort Knox, KY when his discharge proceedings were initiated.  His record shows he was awarded two ARCOMs, an AAM, two AGCMs, a CAB, and served three combat tours of duty in Iraq in 2005, 2007, and 2009.  

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 not authenticated by the applicant’s signature.  

2.  The DD Form 214 indicates that on 21 May 2012, the applicant was discharged under the provisions of Chapter 10, AR 635-200, 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 available record does not show any record of actions under the UCMJ or unauthorized absences or time lost.

4.  The applicant’s record does not contain any discharge orders.  

5.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed 7 years, 11 months and 6 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, in the available record.

EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant provided a DD Form 293, DD Form 214, four Certificates of Training, two Orders of the Spur (combat), Operator Qualification Record, two AGCMs, order for the Driver’s Badge, Central Texas College academic record, an ARCOM, AAM, Naturalization Certificate, and seven character reference letters.

POST-SERVICE ACTIVITY: 

None were 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.  

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 not 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 had exemplary service, he has deployed to domestic countries numerous times and he just wants the chance to get his life back.  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.  This presumption 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 in this case and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge.  

4.  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:  Personal Appearance     Date:  13 March 2014     Location:  Washington, DC

Did the Applicant Testify:  Yes

Counsel:  None

Witnesses/Observers: None

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 testimony presented by the applicant at the personal appearance hearing.

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)		AR20130017308



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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