AR20140002967

IN THE CASE OF:

BOARD DATE: 14 May 2014

CASE NUMBER: AR20140002967
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review and considering the examiners 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 under honorable other than conditions to honorable.

2. The applicant states, in effect, he spent seven years in the US Army and would like to use his GI Bill to pursue another career.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 10 February 2014
b. Discharge Received: Under Other Than Honorable Conditions
c. Date of Discharge: 31 October 2013
d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200, Chapter
14, paragraph 14-12c, JKQ, RE-3
e. Unit of assignment: B Battery, 5-52nd ADA, Fort Bliss, TX
f. Current Enlistment Date/Term: 2 April 2009, NIF (The applicants immediate reenlistment contract is not contained in the available record. The information was extracted from the
DD Form 214 under review.)
g. Current Enlistment Service: 4 years, 7months
h. Total Service: 7 years, 3 months, 19 days
i. Lost time: None
j. Previous Discharges: RA (060712-090401)/HD
k. Highest Grade Achieved: E-4
l. Military Occupational Specialty: 92F10, Petroleum Supply Specialist
m. GT Score: NIF
n. Education: HS Graduate
o. Overseas Service: Southwest Asia/Alaska
p. Combat Service: Bahrain (111228-121212)
q. Decorations/Awards: AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSR-2
r. Administrative Separation Board: No
s. Performance Ratings: None
t. Counseling Statements: NIF
u. Prior Board Review: No

SUMMARY OF SERVICE:

The applicant’s record shows he enlisted in the Regular Army on 12 July 2006, for a period of 3 years and 22 weeks. He was 19 years old at the time of entry and a HS Graduate. He was trained in and awarded military occupational specialty (MOS) 92F10, Petroleum Supply Specialist. He reenlisted on 2 April 2009, the period of enlistment is not in the file and he was 22 years old at the time. His record also shows he served a combat tour, and he earned an AGCM; and he achieved the rank of SPC/E-4. He was serving at Fort Bliss, TX 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 applicant’s signature.

2. The DD Form 214 indicates that on 31 October 2013, 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 under other than 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 did not reveal any recorded actions under the Uniform Code of Military Justice (UCMJ), or any unauthorized absences or time lost. However, he was separated as a PVT/E-1 and the action that caused his reduction is not contained in the service record.

4. On 31 October 2013, DA, US Army Installation Management Command, HQS, US Army Garrison, Fort Bliss, Fort Bliss, TX, Orders Number 304-0020 discharged the applicant from the Army effective 31 October 2013.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. The record contains discharge orders number 304-0020, dated 31 October 2013.

2. A DA Form 1059 (Service School Academic Evaluation Report), dated 17 December 2010 indicated the applicant was rated as achieved course standards.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and a DD Form 214.

POST-SERVICE ACTIVITY:

The applicant did not provide any information 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.

ANALYSTS DISCUSSION AND RECOMMENDATION:

1. The applicants request for an upgrade of the characterization of his discharge was carefully considered. However, after examining 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 complete 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 not 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 (serious offense), with a characterization of service of under other than 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 spent seven years in the US Army and would like to use his GI Bill to pursue another career. 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.

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. 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: 14 May 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 RE Code to: No Change
Grade Restoration to: NA
Change Authority for Separation: No Change
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) AR20140002967

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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