IN THE CASE OF: Ms. BOARD DATE: 8 January 2014 CASE NUMBER: AR20130011165 ___________________________________________________________________________ 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 an upgrade of her discharge from general, under honorable conditions to honorable. 2. The applicant states, in effect, her characterization of service does not accurately reflect her service. She contends that one blemish on her record of not being able to pass the run event of the Army Physical Fitness Test (APFT) does not warrant a less than honorable discharge. A characterization of general, under honorable conditions gives the impression of a Soldier who has failed to live up to the Army’s core values, not dedicated to serving her country, and who was wholly unfit for further service. She contends that description does not fit her, as demonstrated on her last NCOER, the only negative comment was her APFT failure based on the run event. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 10 June 2013 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 17 October 2012 d. Reason/Authority/SPD/RE Code: Unsatisfactory Performance, AR 635-200, Chapter 13, JHJ, RE-3 e. Unit of assignment: 743rd Military Intelligence Battalion, Fort Carson, CO f. Current Enlistment Date/Term: 14 December 2009/NIF g. Current Enlistment Service: 2 years, 10 months, 4 days h. Total Service: 6 years, 2 months, 5 days i. Time Lost: None j. Previous Discharges: DEP, (060812-070812), NA RA, (070813-091213), HD k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 35S20, Signal Collection/Analyst m. GT Score: 108 n. Education: HS Graduate o. Overseas Service: Australia p. Combat Service: None q. Decorations/Awards: JSCM, JSAM, AGCM, NDSM, NPDR, ASR, GWOTSM r. Administrative Separation Board: NIF s. Performance Ratings: Yes t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 13 August 2007 for a period of 4 years and she reenlisted on 14 December 2009. She was 20 years old at the time of reenlistment and a high school graduate. She served in Australia and earned a JSCM and JSAM. She completed 6 years, 2 months, and 5 days of active duty service. At the time her discharge proceedings were initiated, she was serving Fort Carson, Colorado. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s record is void of the specific facts and circumstances concerning the events which led to her 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 electronic signature. She was discharged as a SGT/E-5. 2. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 13, AR 635-200, as a result of unsatisfactory performance, with a characterization of service of general, under honorable conditions. The DD Form 214 shows a Separation Program Designator (SPD) code as “JHJ” and a reentry (RE) code of RE-3. 3. The applicant’s record does not show any evidence or actions under the UCMJ or unauthorized absences or time lost. 4. On 9 October 2012, Department of the Army, Installation Management Command, Headquarters, US Army Garrison, Fort Carson, Fort Carson, Colorado, Orders Number 283-0028, discharged the applicant from the Army effective 17 October 2012. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Orders Number 283-0028, Department of the Army, Installation Management Command, Headquarters, US Army Garrison, Fort Carson, Fort Carson, Colorado, Discharge Order. 2. Three NCOERs covering the period of 1 May 2010 to 9 October 2012. On two reports, the applicant was rated as “Fully Capable” and received a “2/2,” and “4/3” from her senior raters (SRs). On her last report prior to discharge, she was rated as “Marginal” and received a “5/4” from her SR. 3. There is no other derogatory information in her official record. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 6 June 2013, an undated self-authored statement, a DD Form 214 (Certificate of Release or Discharge from Active Duty), a memorandum, dated 1 September 2012, from the United States Army Trial Defense Service, Fort Carson, four letters of support, and a letter to Congressman Jackie Speier, dated 24 October 2012, from MG F. POST-SERVICE ACTIVITY: The applicant did not provide any in support of her application. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. 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 her discharge was carefully considered. However, after examining the applicant’s record of service, her 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 her discharge from the Army. However, the record contains a properly constituted DD Form 214, 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 13, AR 635-200, for unsatisfactory performance, 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 contends she had good service and one blemish on her record for failing the APFT should not warrant a characterization of service less than honorable. Although the applicant contends this was a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. 5. The memorandum, dated 1 September 2012, from the US Army Trial Defense Service, Fort Carson, Colorado, indicates the applicant was notified for “failure of two consecutive record APFTs” however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she was unjustly discriminated. The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. 6. If the applicant desires a personal appearance hearing, it will be her 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. 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: 8 January 2014 Location: Washington, DC Did the Applicant Testify? NA 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: 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) AR20130011165 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1