AR20140003498

IN THE CASE OF: Mr.

BOARD DATE: 4 February 2015

CASE NUMBER: AR20140003498
___________________________________________________________________________

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.

2. The applicant states, in effect, he requests a separate DD Form 214 for each term of service he completed. The applicant did not submit any issues of equity or propriety to be considered by the Board.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 18 February 2014
b. Discharge Received: General, Under Honorable Conditions
c. Date of Discharge: 5 June 2013
d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200, Chapter 14, paragraph 14-12c, JKQ, RE-3
e. Unit of assignment: 291st Military Police Company, 40th Military Police Battalion, Fort Leavenworth, KS
f. Current Enlistment Date/Term: 16 October 2009, NIF/the applicants DD Form 214 indicates he reenlisted and received a bonus on the date shown, the period of the reenlistment was not in the file
g. Current Enlistment Service: 2 years, 9 months, 6 days
h. Total Service: 6 years, 4 months, 26 days
i. Lost time: None
j. Previous Discharges: RA (070110-091015)/HD
k. Highest Grade Achieved: E-5
l. Military Occupational Specialty: 31E10, Internment/Resettlement/63M10, Bradley Fighting Vehicle System Maintainer
m. GT Score: 103
n. Education: HS Graduate
o. Overseas Service: Southwest Asia/Cuba
p. Combat Service: Iraq x 2 (070827-071218), (081105-091204)
q. Decorations/Awards: ARCOM, AAM-2, AGCM, NDSM, ICM-W/CS, GWOTEM, GWOTSM, NPDR, ASR, OSR-2, MUC
r. Administrative Separation Board: No
s. Performance Ratings: Yes
t. Counseling Statements: NIF
u. Prior Board Review: No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 10 January 2007, for a period of 3 years and 26 weeks. He was 20 years old at the time of entry and a HS Graduate. He was trained in and awarded military occupational specialty (MOS) 63M10, Bradley Fighting Vehicle System Maintainer. It appears he reenlisted on 16 October 2009; the period of service was not in the file. He subsequently was trained in and awarded MOS 31E10, Internment/Resettlement. His record also shows he served two combat tours, and earned several awards including an ARCOM, two AAMs and an AGCM; and he achieved the rank of SGT/E-5. He was serving at Fort Leavenworth, KS 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 digital signature.

2. The DD Form 214 indicates on 5 June 2003, 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. 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 SPC/E-4 and the action that caused his reduction is not contained in the service record.

4. On 28 May 2013, DA, US Army Combined Arms Center and Fort Leavenworth, Fort Leavenworth, KS, Orders Number 144-0001, discharged the applicant from the Army effective 31 May 2013. Amended Orders Number 148-0001, discharged the applicant from the Army effective 5 June 2013.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. An administrative General Officer Memorandum of Reprimand (GOMOR), dated 17 December 2012, for driving under the influence of alcohol.

2. A Military Police Report dated 19 November 2012, indicating the applicant was under investigation for driving under the influence of alcohol or drugs.

3. Lansing Kansas Police Report (seventeen Pages), dated 18 November 2012, indicating the applicant was charged with driving under the influence of alcohol or drugs.

4. An Enlistment/Reenlistment document dated, 10 January 2007.
5. A DD Form 214, dated 5 June 2013.

6. He received a successful NCOER covering the period from1 April 2011through 31 March 20012 and a marginal report covering the period from 1 April 2012 through 5 November 20012.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149, letter, Dunn County Veterans Service Office, and a DD Form 214.

POST-SERVICE ACTIVITY:

The applicant did not provide any information with his 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 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.

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 digital 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 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 separate DD Form 214 for each term of service he completed. This issue was previously addressed by the Army Board for Correction of Military Records (ABCMR), in docket number AR20140003501 on 30 October 2014.

5. The applicant did not submit any issues of equity or propriety to be considered by the Board.

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 was both proper and equitable, the analyst recommends the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 4 February 2015 Location: Washington, DC

Did the Applicant Testify: NA

Counsel: yes [redacted]

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) AR20140003498

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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