AR20140000433

IN THE CASE OF: Mr.

BOARD DATE: 24 November 2014

CASE NUMBER: AR20140000433
___________________________________________________________________________

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 APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests to upgrade the characterization of his service from general, under honorable conditions to fully honorable.

2. The applicant states, in effect, he was awarded a service-connected disability for the injuries he received in Afghanistan. He served honorably in a time of war. He feels his injuries contributed to the one mistake when he sought help for his pain. He would like to rejoin the military which requires an upgrade of his enlistment code.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 23 December 2013
b. Discharge Received: General, Under Honorable Conditions
c. Date of Discharge: 28 December 2012
d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200, Paragraph
14-12c(2), JKK, RE-4
e. Unit of assignment: C Trp, 6-4 Cav, Fort Knox, KY
f. Current Enlistment Date/Term: 30 October 2011, 4 years
g. Current Enlistment Service: 1 year, 1 month, 28 days
h. Total Service: 3 years, 5 months
i. Time Lost: None
j. Previous Discharges: RA (090729-111029)
k. Highest Grade Achieved: E-4
l. Military Occupational Specialty: 11B10, Infantryman
m. GT Score: NIF
n. Education: HS Graduate
o. Overseas Service: SWA
p. Combat Service: Afghanistan (101230-111221)
q. Decorations/Awards: ARCOM; AAM; NDSM; ACM-2CS; GWOTSM; ASR
OSR; NATO MDL; CIB
r. Administrative Separation Board: No
s. Performance Ratings: None
t. Counseling Statements: NIF
u. Prior Board Review: No

SUMMARY OF SERVICE:

The record shows the applicant enlisted in the Regular Army on 29 July 2009, and reenlisted on 30 October 2011, for a period of 4 years. He was 19 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman. He served in Afghanistan. He earned an ARCOM and an AAM. He completed 3 years and 5 months of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The applicants service 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 digitally authenticated by the applicants signature.

2. The DD Form 214 indicates that on 28 December 2012, the applicant was discharged under the provisions of Chapter 14, AR 635-200, for misconduct (drug abuse), with a characterization of service of general, under honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JKK, and a reentry (RE) code of 4.

3. The applicants available record does not show any recorded actions under the UCMJ, unauthorized absences or time lost.

4. On 13 December 2012, HQDA USA Installation Management Command, USAG Command and Fort Knox, Fort Knox, KY, Orders Number 348-0159, discharged the applicant from the Army, effective 28 December 2012.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

There are no negative counseling statements, or any actions under the UCMJ.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 214, for service under current review, and VA decision correspondence, dated 15 November 2013.

POST-SERVICE ACTIVITY:

The applicant provided none.

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 members 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 Soldiers separation specifically allows such characterization.

4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of “JKK” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(2), misconduct (drug abuse).

5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of “JKK” will be assigned a RE Code of 4.

DISCUSSION AND RECOMMENDATION:

1. The applicants request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicants record of service, his military records, and the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant’s discharge.

2. The applicants 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 digitally authenticated by the applicant’s 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, AR 635-200, paragraph 14-12c(2), by reason of misconduct (drug abuse), 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 contentions that his service-connected injuries contributed to the one mistake he made when he sought help for his pain were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant’s quality of service or the process of his separation. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, and the applicant produced insufficient evidence, to support a change to the characterization of service granted. The applicants statements alone do not overcome the presumption of government regularity and the application contains insufficient evidence in support of this request for an upgrade of the discharge.

5. Furthermore, regarding the applicants contention that the incident that caused his discharge was the only one in his entire Army career, although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. 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.

6. If the applicant desires a personal appearance hearing, it would 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 Boards consideration because they are not available in the official record.

7. The applicant desires to rejoin the Military Service. However, 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 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment.

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 recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 24 November 2014 Location: Washington, DC

Did the Applicant Testify, NA

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) AR20140000433

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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