IN THE CASE OF:  	

      BOARD DATE:  	27 April 2015

      CASE NUMBER:  	AR20150001496
___________________________________________________________________________

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 an upgrade of his discharge from under other than honorable conditions to honorable.

2.  The applicant states, in effect, that his discharge was inequitable because it was based on one isolated incident in 22 years and 8 months of military service with no other adverse actions.  He contends he reported the error in his records, went to finance himself to return the money that was over paid and believes that was not taken into consideration.  His current characterization of service has caused him to be discriminated against for employment that he is qualified for and hindered his ability to properly take care of his family.  He believes his overall military service warrants an upgrade of his discharge.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		26 January 2015
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			12 June 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:			HQ Det, USA Fires COE, Fort Sill, OK
f. Current Enlistment Date/Term:	2 August 2005, Indefinite
g. Current Enlistment Service:	6 years, 10 months, 11 days
h. Total Service:			24 years, 1 month, 11 days
i. Time Lost:				None
j. Previous Discharges:		USAR-880502-891011/NA										RA-891012-950403/HD										RA-950404-970917/HD										RA-970918-000621/HD										RA-000622-010930/HD										RA-011001-050801/HD
k. Highest Grade Achieved:		E-6
l. Military Occupational Specialty:	13B18, Cannon Crewmember
m. GT Score:				112
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia, Korea, Hawaii, Saudi Arabia
p. Combat Service:			Iraq (040123-050214, 061019-080109, 090103-						091211)
q. Decorations/Awards:		ARCOM-7, AAM-3, AGCM-6, ICM-w/3CS, JMUA-2 						MUC, VUA, NDSM, SWASM-w/BSS-3, GWOTEM 						GWOTSM, KDSM, HSM, NPDR-2, ASR, OSR-6						SAKULIBM, KUKULIBM
r. Administrative Separation Board: 	NA
s. Performance Ratings:		Yes
t. Counseling Statements:		None
u. Prior Board Review:			No
SUMMARY OF SERVICE:

The evidence of record shows the applicant enlisted in the United States Army Reserve on or about 2 May 1988, and was discharged on 11 October 1989, pending enlistment in the Regular Army.  On 12 October 1989, he enlisted in the Regular Army, for a period of 4 years.  He was 20 years old at the time of enlistment and a high school graduate.  On 4 April 1995, he reenlisted for 3 years, 18 September 1997, for 3 years, 22 June 2000, for 2 years, 1 October 2001, for 4 years, and 2 August 2005, for an indefinite period of time.  His record indicates he served three periods of combat in Iraq, served in Hawaii, Korea, and in Saudi Arabia; achieved the rank of SSG/E-6; and earned several awards to include seven ARCOMs, three AAMs, and six AGCMs.  He was serving at Fort Sill, Oklahoma, when separation action was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s available 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 June 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 (i.e., in lieu of trial by court-martial) with reentry eligibility (RE) code of 4.

3.  On 5 June 2012, DA, USA Installation Management Command, HQ, USAG, Fort Sill, Fort Sill, OK, Orders Number 157-1308, discharged the applicant from the Army, effective 12 June 2012.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Discharge Orders 157-1308, dated 5 June 2012.

2.  Seven NCO Evaluation Reports covering the periods July 2005 through 31 May 2011.  During these periods the applicant received overall ratings of "Among the Best and Fully Capable."


EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, self-authored statement, memorandum for record, dated 11 February 2013, documents relating to his Article 32 Investigation, and a copy of his enlisted record brief (ERB), dated 2 March 2012.

POST-SERVICE ACTIVITY: 

None was 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 available military records 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 contentions that his discharge was inequitable because it was based on one isolated incident in 22 years and 8 months; he reported the error in his finance records, and returned the overpayment that was made to his account.  However, a determination as to the merit of these contentions cannot be made because the facts and circumstances leading to the discharge are unknown.  The applicant must meet the burden of proof by providing the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  

4.  Furthermore, applicable Army regulation state there are circumstances in which the conduct or performance of duty reflected by an isolated incident provides the basis for a characterization.  It appears the applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  

5.  The applicant also contends his current characterization of service has caused him to be discriminated against for employment that he is qualified for and hindered his ability to properly take care of his family.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

6.  Therefore, based on the available evidence and on the presumption of government regularity, it appears the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief.



SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Personal Appearance  	     Date: 27 April 2015       Location: Washington, DC

Did the Applicant Testify?  Yes 

Counsel: None

Witnesses/Observers: None 

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

The applicant submitted no additional documents, or contentions.

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:		No Change
Change RE Code to:			No Change	
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)		AR20150001496



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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