IN THE CASE OF: BOARD DATE: 23 August 2013 CASE NUMBER: AR20130000683 ___________________________________________________________________________ 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 APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests that his general, under honorable conditions discharge be upgraded to honorable and a change to his narrative reason for discharge. 2. The applicant states, in effect, that his discharge be upgraded for the purpose of his pride, employment and VA benefits. He contends his discharge was base on one isolated incident in 44 months of service to include one contract of continuous honorable service and one deployment to Afghanistan. He was promoted well ahead of his peers and was considered an outstanding Soldier and leader by member of his command. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 7 January 2013 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 4 December 2012 d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200 Chapter 14, paragraph 14-12c, JKQ, RE-3 e. Unit of assignment: A Btry, 2d Bn, 11th FA Rgt, 2d BCT, 25th IN Div Schofield Barracks, HI f. Current Enlistment Date/Term: 2 October 2010, 5 years g. Current Enlistment Service: 2 years, 2 months, 3 days h. Total Service: 3 years, 8 months, 25 days i. Time Lost: None j. Previous Discharges: ARNG-090310-090324/HD RA-090325-101001/HD k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 13B10, Cannon Crewmember m. GT Score: NIF n. Education: 15 Years o. Overseas Service: Southwest Asia, Hawaii p. Combat Service: Afghanistan (100315-110401) q. Decorations/Awards: ARCOM, AGCM, ACM-w/2CS, NDSM, GWOTSM, ASR, OSR, NATOMDL, CAB r. Administrative Separation Board: No s. Performance Ratings: Yes t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: After serving in the Army National Guard and the Regular Army, the applicant reenlisted in the Regular Army on 2 October 2010, for a period of 5 years. At the time of reenlistment he was 32 years old. The applicant's record indicates he served in Hawaii and Afghanistan and earned several awards to include an ARCOM and AGCM. He completed a total of 3 years, 8 months, and 25 days of total military service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record is void of the specific facts and circumstances concerning the events which led to the discharge from the Regular 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 that on 4 December 2012, the applicant was discharged under the provisions of Chapter 14, 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. On 25 October 2012, DA, United States Army Garrison-Hawaii, Schofield Barracks, HI, Orders Number 299-0033, discharged the applicant from the Regular Army effective 4 December 2012. 4. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A MP Report dated, 14 June 2012 that indicates the applicant was the subject of an investigation for operating a vehicle under the influence of an intoxicant with the report recording the military police observing and confiscating for testing a leafy green substance, found in both his vehicle and domicile, that they believed to be spice. 2. A General Officer Memorandum of Reprimand, dated 25 July 2012, for driving while under the influence of alcohol (120524) with a BAC of .202%. 3. Discharge Orders 299-0033, dated 25 October 2012. 4. The applicant’s available record does not contain any recorded actions under the UCMJ or counseling statements. His highest grade achieved was SGT/E-5; however, he was separated as a SPC/E-4 and the action that caused his reduction is not contained in the service record. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, self-authored statement, letters of support from his chain of command (4), an NCO Evaluation Report (NCOER), with a rating period of (110601-110930) (overall rating of fully capable), a treatment discharge summary from his ASAP counselor, and a court dock, dated 10 September 2012. POST-SERVICE ACTIVITY: None provided 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 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. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense). 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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 record of service, 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 applicant’s 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 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, AR 635-200, paragraph 14-12c 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. Furthermore, about the applicant's request to change his narrative reason for separation. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, for misconduct (serious offense). The regulation further stipulates that no deviation is authorized. 5. The applicant's contention about his discharge being base on an isolated incident after 44 months of service with no other adverse action was carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant’s statement alone does not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. 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 Board’s consideration because they are not available in the official record. 7. The applicant also contends that his 44 months of service to include 13 months of deployment to Afghanistan and one contract of honorable service should be enough to be able to receive benefits. By regulation, a UOTHC discharge is normally appropriate for a member separated by reason of misconduct (serious offense). It appears the applicant’s generally good record of service was the basis for his receiving a general, under honorable conditions discharge instead of the normal under other than honorable conditions discharge. 8. The applicant has expressed his desire for an upgrade for the purpose of pride, employment and VA benefits. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, 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. 9. 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: 23 August 2013 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 Authority for Separation: No Change Change RE Code to: No Change 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) AR20130000683 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1