1. Applicant’s Name: a. Application Date: 25 July 2015 b. Date Received: 4 August 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, that he would like an upgrade of his discharge for the purpose of being able to finish school and be a proud veteran. He contends his discharge was inequitable because it was based on one isolated incident in 22 months of service with no adverse action until Korea. He contends while serving in Korea he was dealing with a lot of problems, such as the death of his wife’s mother, his first cousin, and two of his best friends. He would inform his NCO’s but they all just blew it off. He was becoming suicidal and lost, he was never in trouble nor given any counseling until this point. He was a great Soldier but now his records show and say otherwise. During his discharge process he wasn’t given any time to defend himself. He believes he was judged for a mistake he made and takes full responsibility for them but he had no guidance nor the help he wanted and needed. Since being discharged he has been getting the help he needed, such as weekly meetings with counselors and working with kids in the community with athletics. He is now asking for his DD Form 214 to read what kind of person he really is. Per the Board's Medical Officer, based on the information available for review at the time, there was insufficient evidence to determine if there was a nexus between a behavioral health or medical condition and the misconduct which led to the applicant’s separation from the Army. Mental Status exam on 14 October 2014 for chapter evaluation related to misconduct and alcohol related incident. The applicant was psychiatrically cleared. In a records review conducted at Arlington, VA on 28 September 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 12 January 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date/Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date/Period of Enlistment: 16 September 2012 / 3 years and 25 weeks b. Age at Enlistment/Education/GT Score: 22 years / HS Graduate / 94 c. Highest Grade Achieved/MOS/Total Service: E-3 / 92F10, Petroleum Supply Specialist / 2 years, 3 months, 25 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Korea / None f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: NIF i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 25 July 2015. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): 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. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant’s available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends his discharge was inequitable because it was based on one isolated incident in 22 months of service with no adverse action until Korea. He contends while serving in Korea he was dealing with a lot of problems, such as the death of his wife’s mother, his first cousin, and two of his best friends. Also during his discharge process he wasn’t given any time to defend himself. However, it is unknown if these contentions have merit because the facts and circumstances leading to the discharge are not contained in the service record. The burden of proof remains with the former Soldier to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the discharge packet is not available in the official record. The applicant also contends he was a great Soldier but now his records shows otherwise. 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 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. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to finish school and be a proud veteran. However, 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. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 28 September 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214/Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NCO – Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH – Behavioral Health HD - Honorable Discharge NOS – Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma PTSD – Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA – Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150013266 1