IN THE CASE OF: Mr.
BOARD DATE: 7 January 2015
CASE NUMBER: AR20140000712
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.
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 an upgrade of his discharge from general, under honorable conditions to honorable.
2. The applicant states, in effect, he had no knowledge of ever taking percocet, only his prescribed medication which was vicodin. He served a combat tour in Afghanistan. He desires to receive VA benefits to continue his education and obtain a good job in this economy.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 6 January 2014
b. Discharge Received: General, Under Honorable Conditions
c. Date of Discharge: 23 April 2013
d. Reason/Authority/SPD/RE: Misconduct (Drug Abuse), AR 635-200, Chapter 14, paragraph 14-12c(2), JKK, RE-4
e. Unit of assignment: F, Forward Support Company, 204th Combat Support Battalion, Fort Carson, CO
f. Current Enlistment Date/Term: 3 October 2012, 3 years
g. Current Enlistment Service: 6 months, 21 days
h. Total Service: 2 years, 10 months, 8 days
i. Lost time: None
j. Previous Discharges: RA (100616-121002)/HD: the DD Form 214 shows the period as (121213), the immediate reenlistment contract shows (121003)
k. Highest Grade Achieved: E-4
l. Military Occupational Specialty: 88M10, Motor Transport Operator
m. GT Score: NIF
n. Education: HS Graduate
o. Overseas Service: Southwest Asia
p. Combat Service: Afghanistan (110607-120507)
q. Decorations/Awards: ARCOM-2, NDSM, ACM-W/2 CS, GWOTSM, ASR, OSR
r. Administrative Separation Board: No
s. Performance Ratings: No
t. Counseling Statements: NIF
u. Prior Board Review: No
SUMMARY OF SERVICE:
The applicant enlisted in the Regular Army on 16 June 2010, for a period of 3 years and 19 weeks. He was 21 years old at the time of entry and a HS Graduate. He was trained in and awarded military occupational specialty (MOS) 88M10, Motor Transport Operator. He reenlisted on 3 October 2012, for a period of 3 years and he was 23 years old at the time. His record also shows he served a combat tour, he earned two ARCOMs; and he achieved the rank of SPC/E-4. He was serving at Fort Carson, CO when his discharge was initiated.
SEPARATION FACTS AND CIRCUMSTANCES:
1. The applicants 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 not authenticated by the applicants digital signature.
2. The DD Form 214 indicates on 23 April 2014, the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c(2), 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 contain any recorded actions under the Uniform Code of Military Justice (UCMJ), unauthorized absences; time lost or negative counseling statements. However, he was separated as a PFC/E-3 and the action that caused his reduction is not contained in the service record.
4. On 16 April 2013, DA, Installation Management Command, HQS, US Army Garrison, Fort Carson, Fort Carson, CO, Orders Number 106-0015, discharged the applicant from the Army effective 23 April 2013.
EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:
1. A Discharge Orders Number 106-0015, dated 16 April 2013.
2. A DD Form 214, dated 23 April 2013.
3. Two Enlistment/Reenlistment Documents, dated 16 June 2010 and 3 October 2012.
EVIDENCE SUBMITTED BY THE APPLICANT:
The applicant provided a two DD Forms 293, a self-authored statement (two pages), memorandum, Article 15 proceedings, DD Form 214, oath of reenlistment, and a honorable discharge certificate.
The applicant did not provide any information with his application.
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.
DISCUSSION AND RECOMMENDATION:
1. The applicants request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicants available 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 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 the applicant was unable to digitally sign. 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 14-12c(2), AR 635-200, 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 contends he had no knowledge of ever taking percocet, only his prescribed medication which was vicodin. This contention was carefully considered. However, there is insufficient evidence available in the official record to make a determination as to whether this contention has merit because the facts and circumstances leading to the discharge are unknown.
5. Further, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention he did not use percocet.
6. The applicant further contends he served a combat tour in Afghanistan. The applicants service accomplishments and the quality of his service prior to the incident that caused the initiation of discharge proceedings were carefully considered. However, his combat service was determined not to be sufficiently mitigating to overcome the reason for discharge and the characterization of service granted.
7. The applicant desires to receive VA benefits to continue his education and obtain a good job in this economy. 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.
8. Also, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.
9. If the applicant desires a personal appearance hearing, it will 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.
10. 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: 7 January 2015 Location: Washington, DC
Did the Applicant Testify, NA
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
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) AR20140000712
Page 2 of 6 pages
ARMY DISCHARGE REVIEW BOARD (ADRB)
CASE REPORT AND DIRECTIVE