AR20140003513

IN THE CASE OF: Mr.

BOARD DATE: 13 March 2015

CASE NUMBER: AR20140003513
___________________________________________________________________________

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 his general, under honorable conditions discharge be upgraded to honorable.

2. The applicant states, in effect, he made some bad choices, but he was not a bad Soldier, which reflects on his monthly counseling forms. He wants to go to school to have a better life for himself and his children.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 20 February 2014
b. Discharge Received: General, Under Honorable Conditions
c. Date of Discharge: 2 June 2011
d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, Chapter 14-12b, JKA, RE-3
e. Unit of assignment: B Co, 2d Bn, 2d IN Regiment, Fort Knox, KY
f. Current Enlistment Date/Term: 7 February 2008, 3 years, 18 weeks
g. Current Enlistment Service: 3 year, 3 month 26 days
h. Total Service: 3 Year, 3 month, 26 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-2/NIF
l. Military Occupational Specialty: 13B10, Cannon Crewmember
m. GT Score: NIF
n. Education: HS Graduate
o. Overseas Service: Korea
p. Combat Service: NIF
q. Decorations/Awards: NDSM, GWOTSM, KDSM, ASR, OSR
r. Administrative Separation Board: No
s. Performance Ratings: None
t. Counseling Statements: Yes
u. Prior Board Review: No
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 7 February 2008, for a period of 3 years and
18 weeks. He was 28 years old at the time of entry and a high school graduate. His record does not show any acts of valor or significant achievements.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The applicants record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. 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. He was discharged as a PVT/E-1. However, the action that reduced the applicant is not part of the available record.

2. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12b, for pattern of misconduct, with a characterization of service of general, under honorable conditions. The DD Form 214 shows a Separation Program Designator (SPD) code of JKA and a reentry (RE) code of 3.

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

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

There are no counseling statements or UCMJ actions in the record; however, the applicant submitted several copies of his counseling statements with his application.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 293, dated 3 February 2014; DD Form 214, dated 2 June 2011; and, several DA Form 4856s (Developmental Counseling Form) highlighting the applicants successful duty performance, accountability, and appearance.

POST-SERVICE ACTIVITY:

The applicant did not provide any 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 military records, 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 applicants record does contain 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 the presumption of government regularity prevail in the discharge process.

3. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12b by reason of Pattern of misconduct, with a characterization of service of general, under honorable conditions. It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

4. The applicant provided no independent corroborating evidence demonstrating that either the command’s action was erroneous or that the applicants service mitigated the misconduct or poor duty performance.

5. The applicant’s contention concerning his bad choices was carefully considered. However, it is not possible to determine if his contentions has merit because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant to provide the appropriate documents or other evidence (i.e. discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration. If the applicant desires a personal appearance hearing, it will be his responsibility to meet this burden of proof since the evidence is not available in the official record.

6. The applicant further contends he wants to go to school to have a better life for himself and his children. 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 government presumption of regularity, it appears the reason for discharge and the characterization of service were both proper and equitable, thus recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 13 March 2015 Location: Washington, DC

Did the Applicant Testify, NA

Counsel: None

Witnesses/Observers: NA

Board Vote:
Character Change: 1 No Change: 4
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) AR20140003513

Page 5 of 5 pages

ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

1