IN THE CASE OF: BOARD DATE: 2 June 2016 DOCKET NUMBER: AR20150011602 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 2 June 2016 DOCKET NUMBER: AR20150011602 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 2 June 2016 DOCKET NUMBER: AR20150011602 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests an upgrade of his general discharge to honorable. 2. The applicant states: * he requests an honorable discharge * he couldn't finish his enlistment due to unfair actions * he believes his record is unjust * he served in the Army from November 2010 to October 2013 and received a general discharge * he appealed his discharge in 2013 and never received the results because he moved * he would like information concerning his appeal and an updated DD Form 214 (Certificate of Release or Discharge from Active Duty) 3. The applicant provides a letter from the Department of Veterans Affairs, dated 23 December 2015. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 1 November 2010 for a period of 3 years and 24 weeks. He completed his training and was awarded military occupational specialty 92G (food service specialist). He served in Kuwait from 21 February 2013 to 18 September 2013. 2. His records are void of the specific facts and circumstances surrounding his discharge action. However, his DD Form 214 shows he was discharged under honorable conditions (general) on 1 October 2013 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c, due to misconduct (serious offense). He completed a total of 3 years, 2 months, and 5 days of creditable active service. He was credited with continuous honorable service from 1 November 2010 to 6 July 2012. 3. On 10 September 2014, the Army Discharge Review Board denied his request for an honorable discharge. 4. He provided a letter from the Department of Veterans Affairs, dated 23 December 2015, which states his character of service was honorable from 1 November 2010 to 1 October 2013. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from active duty. a. 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. The issuance of a discharge under other than honorable conditions is normally considered appropriate. b. 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 member's 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. c. 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. 2. The U.S. Department of Veterans Affairs Pamphlet 80-14-01 (Federal Benefits for Veterans, Dependents, and Survivors) provides a summary of benefits effective 1 January 2013. These benefits are codified in Title 38, U.S. Code. Eligibility for most Department of Veterans Affairs benefits is based upon discharge from active military service under other than dishonorable conditions. DISCUSSION: 1. Although the Department of Veterans Affairs letter provided by the applicant states his character of service was honorable from 1 November 2010 to 1 October 2013, this is a determination made by that agency for determining eligibility for veterans' benefits. The evidence of record shows he was issued a general discharge under honorable conditions for this period of service with continuous honorable service from 1 November 2010 to 6 July 2012. 2. His contentions were carefully considered. However, in the absence of evidence to the contrary, it must be presumed that his separation processing was administratively correct and in conformance with applicable regulations. Without the discharge packet to consider, it is presumed the authority and reason for his separation were commensurate with his overall record of service. 3. Since he contends he never received a copy of his Army Discharge Review Board proceedings because he moved, a copy of those proceedings will be provided to the applicant. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011602 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011602 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2