IN THE CASE OF: Mr. BOARD DATE: 5 December 2014 CASE NUMBER: AR20140001344 ___________________________________________________________________________ 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 to upgrade the characterization of his service from general, under honorable conditions to fully honorable. 2. The applicant states, in effect, he tried to stay in the military by showing improvement and seeking the help he needed because he was suffering from a severe depression and battling alcohol addiction. His wife had also left him right after he returned from Afghanistan. He was involved in one incident with civilian law enforcement with no other issues. He did not have a pattern of misconduct. He served honorably for over four years with two overseas tours. He received his CAB and an ARCOM, including two campaign stars for his tour in Afghanistan. It appears unfitting and unfair that he had gotten into trouble once, did not want to be discharged, and even though he dealt with the civilian legal system and was punished by them, others from his unit with drugs and other issues, received honorable discharges. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 13 January 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 2 July 2013 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, Paragraph 14- 12b, JKA, RE-3 e. Unit of assignment: 209th MP Co, 519th MP Bn, Fort Polk, LA f. Current Enlistment Date/Term: 5 November 2011, 5 years g. Current Enlistment Service: 1 year, 7 months, 28 days h. Total Service: 4 years, 5 months, 6 days i. Time Lost: None j. Previous Discharges: RA (090127-111104) / HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 31B20, Military Police m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: SWA, Korea p. Combat Service: Afghanistan (110809-120805) q. Decorations/Awards: ARCOM; AGCM; NDSM; ACM-2CS; GWOTSM KDSM; ASR-2; NATO MDL; CAB r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 27 January 2009, and reenlisted on 5 November 2011, for a period of 5 years. He was 19 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 31B20, Military Police. He served in Afghanistan and Korea. He earned an ARCOM. He completed 4 years, 5 months, and 6 days of active duty 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 Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant’s signature. 2. The DD Form 214 indicates that on 2 July 2013, the applicant was discharged under the provisions of Chapter 14, AR 635-200, for a pattern of misconduct, with a characterization of service of general, under honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JKA, and a reentry (RE) code of 3. 3. The applicant’s available record does not show any recorded actions under the UCMJ, unauthorized absences or time lost. However, he was separated as a PVT/E-1 and the action that caused his reduction is not contained in the service record. 4. On 27 June 2013, HQDA, Joint Readiness Training Center and Fort Polk, Fort Polk, Orders Number 178-0320, discharged the applicant from the Army, effective 2 July 2013. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge orders. 2. There are no negative counseling statements available. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided DD Form 214 for service under current review; CAB Permanent Orders, dated 29 April 2012; social security card. POST-SERVICE ACTIVITY: The applicant provided none. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, Paragraph 14-12b, pattern of misconduct. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned a 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 military records, and 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 digitally 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 14-12b, by reason of a pattern of misconduct, 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's contentions about not having a pattern of misconduct, being unfairly discharged for a single incident which he dealt with through the civilian legal system, and was punished by them were 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 sufficient evidence, to support a change to the characterization of service granted. The applicant’s statements alone do not overcome the presumption of government regularity and the application contains no documentation or sufficient evidence in support of this request for an upgrade of the discharge. Moreover, although allegedly a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 5. The applicant contends that medical issues such as suffering from a severe depression and battling alcohol addiction contributed to his discharge from the Army. However, the service record is void of supporting his contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. 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 and medical record of his medical issues) 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 contends that he was also having family issues, such as his wife having left him upon his redeployment, which affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 8. The applicant contends that he served honorably for over four years with two overseas tours, received aCAB and an ARCOM, and two campaign stars for his tour in Afghanistan. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge based on the available record. 9. The applicant contends that it appears unfitting and unfair that other Soldiers with drug-related and other issues received honorable discharges. However, the method in which another Soldier’s case was handled is not relevant to the applicant’s case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. 10. 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: 5 December 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) AR20140001344 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1