IN THE CASE OF: Mr. BOARD DATE: 14 January 2015 CASE NUMBER: AR20140001500 ___________________________________________________________________________ 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 his discharge from general, under honorable conditions to honorable. 2. The applicant did not submit any issues of equity or propriety to be considered by the Board. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 22 January 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 15 November 2012 d. Reason/Authority/SPD/RE: Misconduct (Drug Abuse), AR 635-200, Chapter 14, paragraph 14-12c(2), JKK, RE-4 e. Unit of assignment: HHSC, 15th Military Intelligence Battalion (AE), Fort Hood, TX f. Current Enlistment Date/Term: 10 November 2011, 3 years g. Current Enlistment Service: 8 months, 20 days h. Total Service: 4 years, 3 months, 11 days i. Lost time: 109 days j. Previous Discharges: RA (080417-111109)/HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 25U10, Signal Support Systems Specialist m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Iraq (100105-100718) q. Decorations/Awards: AAM, NDSM, ICM-W/CS, GWOTSM, ASR, MUC r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant's record shows he enlisted in the Regular Army on 17 April 2008, for a period of 3 years. He was 18 years old at the time of entry and a HS Graduate. He was trained in and awarded military occupational specialty (MOS) 25U10, Signal Support Systems Specialist. On 10 November 2011, he reenlisted for a period of 3 years and he was 21 years old at the time. His record also shows he served a combat tour and earned an AAM; and he achieved the rank of SPC/E-4. He was serving at Fort Hood, TX when his discharge was initiated. 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 not authenticated by the applicant’s digital signature. 2. The DD Form 214 indicates on 15 November 2012, 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. 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 available record does not any evidence of any actions under the Uniform Code of Military Justice (UCMJ). However, he was separated as a PVT/E-1 and the action that caused his reduction is not contained in the service record. 4. The applicant’s record of service indicates109 days of time lost for being AWOL from 2 April 2012 until 4 April 2012 for 3 days, mode of return unknown, from 4 May 2012 until 21 July 2012 for 80 days, until he was apprehended, and AWOL from 31 July 2012 until 26 August 2012 for 26 days, when he was apprehended. 5. On 2 November 2012, DA, HQS, III Corps and Fort Hood, Fort Hood, TX, Orders Number 307-0102, discharged the applicant from the Army effective 15 November 2012. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A Discharge Orders Number 307-0102, dated 2 November 2012. 2. A DD Form 214, dated 15 November 2012. 3. Two DD Forms 616 (Report of Return of Absentee) dated 27 August 2012 and 21 July 2012 shows the applicant was apprehended by military and civil authorities respectively and transferred to military control. 4. Two DD Forms 553 (Deserter/Absentee Wanted by the Armed Forces), dated 1 August 2012 and 7 May 2012, indicating the applicant was wanted as a deserter. 5. The record contains seven DA Forms 4187 (Personnel Action), dated between 3 April 2012 and 29 August 2012, showing the applicant’s present for duty, AWOL, dropped from rolls, and civil confinement dates. 6. Two enlistment/reenlistment documents, dated 17 April 2008 and 10 November 2011. 7. Two DD Forms 458 (Charge Sheet), dated 7 May 2012 and 1 August 2012 indicating the applicant was charged with desertion and AWOL. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149. POST-SERVICE ACTIVITY: The applicant did not provide any information with his 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. 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 available military records and the application he submitted, 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 not authenticated by the applicant's digital 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, paragraph 14-12c(2), AR 635-200, by reason of misconduct (drug abuse), 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 did not submit any issues of equity or propriety to be considered by the Board. 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 and the government presumption of regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 14 January 2015 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) AR20140001500 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1