AR20140001131

IN THE CASE OF:

BOARD DATE: 25 June 2014

CASE NUMBER: AR20140001131
___________________________________________________________________________

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 he would like an upgrade of his discharge for the purpose of being able to receive education benefits. He contends that while serving in the military he was getting treated for PTSD, seeking off-post counseling, and was enrolled in behavioral health at Fort Carson; these factors impacted his ability to work in a military environment and he was told that many of his stressors where due to being in the military. He was separated from the military and is now receiving 50% disability for PTSD. He believes if not for his disability he would have completed his contract and received an honorable discharge.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 13 January 2014
b. Discharge received: General, Under Honorable Conditions
c. Date of Discharge: 26 April 2012
d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200, Chapter
14, paragraph 14-12c, JKQ, RE-3
e. Unit of assignment: 544th CS, Fort Carson, CO
f. Current Enlistment Date/Term: 10 February 2009, 4 years
g. Current Enlistment Service: 3 years, 2 months, 17 days
h. Total Service: 3 years, 2 months, 17 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: 12W10, Carpentry and Masonry
m. GT Score: NIF
n. Education: HS Graduate
o. Overseas Service: Southwest Asia
p. Combat Service: Iraq (090910-100615)
q. Decorations/Awards: MUC, NDSM, GWOTSM, ICM-w/CS, ASR, OSR
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 10 February 2009, for a period of 4 years. He was 22 years old at the time of entry and a high school graduate. His record indicates he served in Iraq and achieved the rank of PFC/E-3. The record does not contain any evidence of acts of valor or meritorious achievements. He completed 3 years, 2 months, and 17 days of total military 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 authenticated by the applicants signature.

2. The DD Form 214 indicates that on 26 April 2012, the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), with a characterization of service of general, under honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JKQ and a reentry (RE) code of 3.

3. On 19 April 2012, DA, Installation Management Command, HQ, US Army Garrison, Fort Carson, Fort Carson, CO, Orders Number 110-0045, discharged the applicant from the Army effective 26 April 2012.

4. The applicants available service record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. Discharge Orders 110-0045, dated 19 April 2012.

2. The applicants available record does not contain any recorded actions under the UCMJ or counseling statements.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, a self-authored letter, a copy of his Department of Veterans Affairs rating decision packet (11 pages), physical profile, dated 2 November 2011, counseling documents (2 pages), medical document from Womack Army Medical Center (8 pages), treatment documents from Cedar Springs Hospital (20 pages), progress notes from VA Colorado Springs Co (61 pages), and a copy of his DD Form 214 for the period of service under review.

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, his 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 was 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 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. The applicant’s contentions that he was receiving treatment for PTSD, was seeking off-post counseling, and was enrolled in behavioral health at Fort Carson impacted his ability to work in a military environment, were carefully considered. 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 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.

5. The applicant contends that if not for his disability he would have completed his enlistment and received a honorable discharge. However, there is insufficient evidence available in the official record to make a determination upon the applicant’s quality of service. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted.

6. 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.

7. The applicant also contends he is a combat veteran and schooling would benefit him in his current situation. However, 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. 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: Records Review Date: 25 June 2014 Location: Washington, DC

Did the Applicant Testify, No

Counsel: None

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) AR20140001131

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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