AR20140002519

IN THE CASE OF: Mr.

BOARD DATE: 28 January 2015

CASE NUMBER: AR20140002519
___________________________________________________________________________

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 did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. However, the applicant requested a change to the narrative reason for separation.

2. The applicants issues regarding a legible DD Form 214 to present to his employer to buy back his time was addressed by the Army Board of Corrections for Military Records in the record of proceedings; docket number AR 20130009180, dated 24 February 2014.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 11 February 2014
b. Discharge Received: General, Under Honorable Conditions
c. Date of Discharge: 30 December 2003
d. Reason/Authority/SPD/RE: Misconduct, AR 635-200, Chapter 14, paragraph 14-12c, JKQ, RE-3
e. Unit of assignment: HHC, 10th TAD, 10th Mountain Division, Fort Drum, NY
f. Current Enlistment Date/Term: 20 June 2001, 4 years
g. Current Enlistment Service: 2 years, 6 months, 11 days
h. Total Service: 2 years, 6 months, 11 days
i. Lost time: None
j. Previous Discharges: None
k. Highest Grade Achieved: NIF
l. Military Occupational Specialty: 13R10, Fire Finder Radar Operator
m. GT Score: NIF
n. Education: HS Graduate
o. Overseas Service: Southwest Asia
p. Combat Service: Iraq (030325-030502)
q. Decorations/Awards: NDSM, ASR
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 20 June 2001, for a period of 4 years. He was 22 years old at the time of entry and a HS Graduate. He was trained in and awarded military occupational specialty (MOS) 13R10, Fire Finder Radar Operator. His record also shows he served in combat, he did not earn any awards for acts of valor or meritorious achievements; and the highest rank he achieved is not in the file. He was serving at Fort Drum, NY when his discharge was initiated.

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 December 2003, the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct, 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. The applicants available record does not contain any recorded actions under the Uniform Code of Military Justice (UCMJ), unauthorized absences, time lost or any negative counseling. However, he was separated as a PVT/E-1 and the action that caused his reduction is not contained in the service record.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. An Enlistment/Reenlistment document dated, 20 June 2001.

2. A DD Form 214, dated 30 December 2003.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149, and three DD Forms 214.

POST-SERVICE ACTIVITY:

The record shows the applicant enlisted in the Army National Guard on 17 January 2006, for a period of 5 years, 5 months and 4 days and continues to serve in the Guard.

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 “JKQ” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, for misconduct.

5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of “JKQ” will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1. The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. However, the applicant requested a change to the narrative reason for separation.

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, paragraph 14-12c, AR 635-200, by reason 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. The applicant requested a change to the narrative reason for discharge. 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 “JKQ” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, for misconduct. The regulation further stipulates that no deviation is authorized.

5. The applicants issues regarding a legible DD Form 214 to present to his employer to buy back his time was addressed by the Army Board of Corrections for Military Records in the record of proceedings; docket number AR 20130009180, dated 24 February 2014, does not fall within the purview of this Board. The ADRB only addressed the reason for discharge and the characterization of service.

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. 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, the analyst recommends the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 28 January 2015 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) AR20140002519

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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