1. Applicant's Name: a. Application Date: 7 August 2015 b. Date Received: 10 December 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, there was inappropriate procedure by his section chief at the time of discharge. He did not sign his DD Form 214 before being dropped off at a bus station. In a records review conducted at Arlington, VA on 24 February 2017, 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 / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 26 January 2001 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 December 2000 (2) Basis for Separation: The applicant was informed of the following reasons for discharge; he failed to report to his appointed place of duty x18 (20 November 2000, 16 November 2000, 9 November 2000, 7 August 2000, 2 August 2000, 2 August 2000, 31 July 2000, 24 July 2000, 21 July 2000, 19 July 2000, 18 July 2000, 10 July 2000, 20 June 2000, 15 June 2000, 8 June 2000, 19 May 2000, 15 May 2000 and 11 May 2000); he left his appointed place of duty (19 November 2000); he disobeyed a direct command x4 (17 November 2000, 29 July 2000, 18 July 2000, 27 June 2000); he failed to obey a direct order (9 November 2000); he made a false official statement to an NCO x3 (21 August 2000, 30 June 2000, 30 June 2000); (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 7 December 200 (5) Administrative Separation Board: The applicant voluntarily waived consideration of his case by an administrative separation board, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions). However, the applicant was not entitled to an administrative separation board. (6) Separation Decision Date / Characterization: 10 January 2001 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 November 1999 / 3 years b. Age at Enlistment / Education / GT Score: 18 years / GED Certificate / 113 c. Highest Grade Achieved / MOS / Total Service: E-2 / 13E10, Cannon Fire Direction Specialist / 1 year, 2 months, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summarized Article 15, dated 25 May 2000, for failing to be at the 0630 accountability formation at the prescribed time (19 May 2000); extra duty and restriction for 7 days. FG Article 15, 19 July 2000, for with intent to deceive, make to CPT R.M. S., an official statement, that his mother sent him a check for $3,500.00 to cover the check he wrote for his car, which statement was totally false; without authority, fail to go to his appointed place of duty x2 (8 June 2000 and 12 June 2000); through design missed the movement of his unit, with which he was required in the course of duty to move (8 June 2000); and without authority absented himself from his unit (9 June 2000 to 10 June 2000); reduction to PVT / E-1, forfeiture of $502.00 pay for two months, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 7 August 2000, shows that the applicant was recommended for expeditious administrative separation in accordance with Chapter 13 or 14, AR 635-200. Summarized Article 15, dated 31 August 2000, for willfully and wrongfully broke your restriction confining him to the barracks (19 August 2000); extra duty and restriction for 14 days. The applicant received numerous negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: AWOL for 2 days (9 June 2000 to 11 June 2000); surrendered to military authorities. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Two DD Forms 293 (four pages). 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 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. By the documented pattern of misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant seeks relief contending, there was inappropriate procedure by his section chief at the time of discharge. 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 contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly or improperly discharged. The applicant further contends, he did not sign his DD Form 214 before being dropped off at a bus station. The DD Form 214 indicates in block 21 signature of member being separated, that the applicant was unavailable for signature. 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 24 February 2017, 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: 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 AR20150019250 1