IN THE CASE OF: Mr. BOARD DATE: 4 February 2015 CASE NUMBER: AR20140003606 ___________________________________________________________________________ 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 general, under honorable conditions discharge to honorable. 2. The applicant states, in effect, he believes under current standards, he should not have received this type of discharge. He states, during the first half of his enlistment he treated his duties and responsibilities with low regard. However, he attributes his inability to serve was due to his youth and immaturity as well as personal problems he was facing. He states initially, he was being justly separated for failing to adapt however, due to an error in the paperwork, he was torn from his life and brought back to the Army and separated with the same discharge but for different reasons. He states, although he was torn away from his family, lost his job and home, he still persevered by qualifying expert with his weapon, received positive recognition and was certified as a HAZMAT technician. His NCOs recommended that he be retained in the military. He believes he was defamed and labeled as a deserter and detained and extradited back to the Army to an installation he was banned from. However, since his discharge, he has been working full time, actively participating in church events and taking care of his family. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 February 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 24 July 2013 d. Reason/Authority/SPD/RE Code: Misconduct (Civil Conviction), AR 635-200 Chapter 14, Section II, JKB, RE-3 e. Unit of assignment: 44th Chemical Company, Fort Hood, TX f. Current Enlistment Date/Term: 15 May 2007/3 years, 22 weeks g. Current Enlistment Service: 2 years, 1 month, 7 days h. Total Service: 6 years, 2 months, 9 days (Applicant’s lost time was deducted from total service) i. Time Lost: 1,486 days j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 74D1L5, Chemical Operations Specialist m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, ASR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 15 May 2007, for a period of 3 years and 22 weeks. He was 21 years old at the time of entry and a high school graduate. His record is void of any significant acts of valor and achievement. He completed 2 years, 1 month, 7 days of active duty service. His time was adjusted based on his 1, 486 days of time lost. When his discharge proceedings were initiated, he was serving at Fort Hood, TX. 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 authenticated by the applicant’s signature. 2. The DD Form 214 indicates that on 24 July 2013, the applicant was discharged under the provisions of Chapter 14, Section II, AR 635-200, for misconduct, (civil conviction), with a characterization of service of general, under honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JKB and a reentry (RE) code of 3. 3. However, the record does indicate the separation authority waived further rehabilitation efforts and directed the applicant be discharged from the military with a characterization of service of general, under honorable conditions. 4. On 16 July 2013, DA Headquarters, III Corps and Fort Hood, Fort Hood, TX, Orders Number 197-0177, dated 16 July 2013, discharged the applicant from the Army effective 24 July 2013. 5. 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. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge Orders Number 197-177, dated 16 July 2013. 2. Thirteen DA Forms 4187 (Personnel Action), dated between 17 January 2008 and 1 March 2013, reflects the applicant’s duty status changed from present for duty PDY to AWOL x 3, AWOL to PDY, AWOL to dropped from rolls DFR x 2, DFR to PDY, AWOL to confined by civilian authorities (CCA), CCA to AWOL, CCA to PDY, DFR to CCA, PDY to confined and confined to PDY. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 24 January 2014, a certified Hazardous Materials Technician certificate, dated 7 June 2013, and a DD Form 214. POST-SERVICE ACTIVITY: The applicant states he continues to work fulltime at a company that manufactures weapons, actively participates in church events, and takes care of his growing family. 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 record of service, his military records, the documents and the issues 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, 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, Section II, AR 635-200, by reason of misconduct, (civil conviction) 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 that he was young and immature 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 statements alone do 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. 5. Further, The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 6. The applicant’s post-service accomplishments have been noted as outlined on the application. However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted. The Army Discharge Review Board is authorized to consider post-service factors in the re-characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. 7. Moreover, outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character. 8. 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. 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: 4 February 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) AR20140003606 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1