IN THE CASE OF: BOARD DATE: 3 April 2012 CASE NUMBER: AR20120020941 ___________________________________________________________________________ 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 to be 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 APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of his discharge from general, under honorable conditions to honorable. 2. The applicant states, in effect, that he understands he is responsible for his actions and regrets the choices he made. He has learned his lesson from the punishment he received. He is having a hard time with the discharge he received and would like to be a positive influence in his community. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 8 November 2012 b. Discharge received: General, under honorable conditions c. Date of Discharge: 23 July 2012 d. Reason/Authority/SPD/RE: Misconduct (Drug Abuse), AR 635-200, 14-12c(2), JKK, RE-4 e. Unit of assignment: A Btry, 3st Bn, 16th FA Regiment, Fort Carson, CO f. Current Enlistment Date/Term: 17 May 2012, NIF g. Current Enlistment Service: 0 years, 2 months, 16 days h. Total Service: 5 years, 3 months, 0 days i. Time Lost: None j. Previous Discharges: RA 070424-120516/HD (Per DD Form 214) k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 13B10/Cannon Crewmember m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Afghanistan (090101-091229 and 110608-111215) q. Decorations/Awards: ARCOM-2, AAM-2, ACM-3, AGCM, NDSM, GWOTSM, NPDR, ASR, OSR r. Administrative Separation Board: None s. Performance Ratings: Yes t. Counseling Statements: None u. Prior Board Review: None SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 24 April 2007, for a period of four years. According to his DD Form 214, on 17 May 2012 he reenlisted for an unspecified term of service, he was 26 years old at the time. The reenlistment contract is not in the record. The applicant served in Afghanistan two times and earned two ARCOMs, two AAMs and a AGCM. SEPARATION FACTS AND CIRCUMSTANCES 1. The applicant’s 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 applicant’s signature. 2. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, for misconduct (drug abuse), with a characterization of service of general, under honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JKK and a reentry (RE) code of 4. 3. The applicant’s record does not show any recorded actions under the UCMJ, unauthorized absences or time lost. However, he was separated as a SPC/E-4 and the action that caused his reduction is not part of his AMHRR. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD 1. There are no counseling statements or UCMJ actions in the record. 2. A relief for cause NCOER (110601-120531), for failing to meet good order and discipline in that he used illegal drugs. The rater’s assessment was “marginal,” and the senior rater’s overall performance and potential is shown as poor/5 for both. EVIDENCE SUBMITTED BY THE APPLICANT The applicant did not provide any additional evidence with the application. POST-SERVICE ACTIVITY: None provided. 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 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. 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 Soldier’s separation specifically allows such characterization. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicant’s military records and the issue submitted with the application, there are insufficient mitigating factors which would merit an upgrade of the applicant's discharge. 2. The applicant’s record is void of the specific facts and circumstances concerning the events which led to his 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 applicant's signature. This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process. 3. The DD Form 214 shows the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), with a characterization of service of general, under honorable conditions. Barring evidence to the contrary, the presumption of government regularity prevails and 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 requests an upgrade of his characterization to honorable and contends he regrets his actions and has learned from his past mistakes. However, by regulation, a UOTHC discharge is normally appropriate for a member separated by reason of misconduct. It appears the applicant’s generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. However, it appears his misconduct diminished his overall record of service below that meriting an honorable discharge. 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 Board’s consideration because they are not available in the official record. 6. Therefore, based on the available evidence, the presumption of government regularity prevails in the discharge process as it appears the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 3 April 2013 Location: Washington, DC Did the Applicant Testify? No 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: N/A Change Reason to: N/A Change RE Code to: N/A Grade Restoration to: N/A Change Authority for Separation: N/A 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 UOTH - Under Other Than Honorable ADRB Case Report and Directive (cont) AR 20120020941 5 ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1