AR20140000760

IN THE CASE OF:

BOARD DATE: 12 December 2014

CASE NUMBER: AR20140000760
___________________________________________________________________________

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 an upgrade of his discharge from general, under honorable conditions to honorable.

2. The applicant states, in effect, that this was his only mistake in four years of active duty. The DUI ended his potential career in the military. He was on rear detachment for six months, and then received orders for Iraq. Even though it was a short deployment, he was subject to incoming mortar and rocket attacks. After returning from his deployment, he was promoted to E-4/SPC. He was a leader and good role model for the younger enlisted. He did not receive an Article 15, but was chapter out of the military. He cannot afford to pay for school. He is hoping that he will be given the opportunities to better his life as well as for his family. Every day he regrets that one mistake he made.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 2 January 2014
b. Discharge received: General, Under Honorable Conditions
c. Date of Discharge: 25 October 2013
d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200, Chapter 14-12c, JKQ, RE-3
e. Unit of assignment: A Company, 1st Battalion 8th Infantry, Fort Carson CO
f. Current Enlistment Date/Term: 20 October 2009, 5 years and 21 weeks
g. Current Enlistment Service: 4 years, 6 days
h. Total Service: 4 years, 3 months, 12 days
i. Time Lost: None
j. Previous Discharges: DEP (090714-091019), NA
k. Highest Grade Achieved: E-4
l. Military Occupational Specialty: 13F10, Fire Support Specialist
m. GT Score: 109
n. Education: HS Graduate
o. Overseas Service: SWA
p. Combat Service: Iraq (110115-110306)
q. Decorations/Awards: AAM-2, AGCM, NDSM, ICM-w/CS, GWOTSM, ASR
r. Administrative Separation Board: No
s. Performance Ratings: None
t. Counseling Statements: None
u. Prior Board Review: No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 20 October 2009, for a period of 5 years and 21 weeks. He was 19 years old at the time of entry and a high school graduate. His record shows he was serving at Fort Carson, CO, at the time his discharge was initiated. His record shows he was awarded two AAMs and served two months in Iraq.

SEPARATION FACTS AND CIRCUMSTANCES

1. The applicants record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature. He was discharged as an E-4/SPC.

2. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c, for misconduct (serious offense), with a characterization of service of general, under honorable conditions. The DD Form 214 shows a Separation Program Designator (SPD) code of JKQ and a reentry (RE) code of 3.

3. The applicants record contains no evidence of time lost or any action under the Uniform Code of Military Justice (UCMJ).

4. On 16 October 2013, the applicant was separated under Orders 289-0037, HQS, United States Army Garrison, Fort Carson, CO, with an effective date of 25 October 2013.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD

1. The record shows the applicant received a GOMOR, dated 3 July 2013, for DUI.

2. A Civilian Police report in reference to the DUI, dated 27 April 2013

3. A counseling statement, dated 20 April 2013, for the DUI.

EVIDENCE SUBMITTED BY THE APPLICANT

The applicant provided an online application and a copy of his DD Form 214.

POST-SERVICE ACTIVITY:

None were provided with the 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 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 record of service and the issues 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 authenticated by the applicant’s signature.

3. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct (serious offense), 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. On 16 October 2013, DA Installation Management Command, Headquarters, US Army Garrison, Fort Carson, CO, Orders Number 289-0037, discharged the applicant from the Army an effective date of: 25 October 2013.

5. The applicant contends this was his only mistake in four years and he was a good Soldier who served in combat. The applicants contentions are noted; however, there is insufficient evidence available in the official record to make a determination upon the applicant’s quality of service or the specific reason for the discharge. 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, nor has the applicant produced any 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 no documentation or further evidence in support of this request for an upgrade of the discharge.

6. The applicant expressed his desire to have better opportunities for himself, his family and the benefits of the GI Bill. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, 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.

7. 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.

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: 12 December 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) AR20140000760

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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