IN THE CASE OF: Mr.
BOARD DATE: 7 January 2015
CASE NUMBER: AR20140002515
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, that he would like an upgrade of his discharge for the purpose of being able to use his GI Bill benefits to further his life.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 3 February 2014
b. Discharge Received: General, Under Honorable Conditions
c. Date of Discharge: 30 September 2011
d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, Chapter 14, paragraph 14-12b, JKA, RE-3
e. Unit of assignment: 2nd Bn, 11th FA Btry, 105th MM, Schofield Barracks, HI
f. Current Enlistment Date/Term: 13 July 2009, 3 years
g. Current Enlistment Service: 2 years, 2 months, 18 days
h. Total Service: 2 years, 2 months, 18 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-2
l. Military Occupational Specialty: 13B10, Cannon Crewmember
m. GT Score: NIF
n. Education: HS Graduate
o. Overseas Service: Southwest Asia
p. Combat Service: Iraq (100703-110612)
q. Decorations/Awards: ICM-w/2CS, NDSM, GWOTSM, 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 13 July 2009, for a period of 3 years. He was 19 years old at the time of entry and a high school graduate. He was serving at Schofield Barracks, HI when his discharge was initiated. The record indicates he served a period of combat in Iraq. The record does not contain any evidence of acts of valor or meritorious achievements. He completed 2 years, 2 months, and 18 days 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 authenticated by the applicants signature.
2. The DD Form 214 indicates on 30 September 2011, the applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, with a characterization of service of general, under honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JKA and a reentry (RE) code of 3.
3. On 23 September 2011, DA, USAG-HI, Schofield Barracks, HI, Orders Number 266-0004, discharged the applicant from the Army effective 30 September 2011.
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 266-0004, dated 23 September 2011.
2. The applicants available record does not contain any recorded actions under the UCMJ or counseling statements. However, the available record indicates he achieved at lease the rank of PV2/E-2 and he was separated as a PV1/E-1 and the action that caused his reduction is not contained in the service record.
EVIDENCE SUBMITTED BY THE APPLICANT:
The applicant provided a DD Form 149 in lieu of a DD Form 293.
None were provided by the applicant.
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 record of service and the issue 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 14-12b by reason of a pattern of misconduct, 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. Furthermore, 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.
5. 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.
6. The applicant contends that an upgrade of his discharge would allow him the ability to use his GI Bill benefits to further his life. 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.
7. 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 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) AR20140002515
Page 5 of 5 pages
ARMY DISCHARGE REVIEW BOARD (ADRB)
CASE REPORT AND DIRECTIVE