IN THE CASE OF: Mr. BOARD DATE: 3 December 2014 CASE NUMBER: AR20140001139 ___________________________________________________________________________ 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 states, in effect, he was advised his discharge would automatically upgrade after six months from his discharge date. He submitted a document from the Veterans Administration (VA) indicating his discharge was upgraded to honorable. His battalion commander put his company on lockdown due to the loss of a sensitive item on loan to a sister company; and married Soldiers were required to remain in the barracks and sleep on the floor. He desires to receive VA benefits. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 10 January 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 11 January 2006 d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200, Chapter 14, paragraph 14-12c, JKQ, RE-3 e. Unit of assignment: A Co, 1-32nd Infantry, Fort Drum, NY f. Current Enlistment Date/Term: 10 August 2004, 5 years and 16 weeks g. Current Enlistment Service: 1 years, 5 months, 2 days h. Total Service: 1 years, 5 months, 2 days i. Lost time: None j. Previous Discharges: None k. Highest Grade Achieved: NIF l. Military Occupational Specialty: 13F10, Fire Support Specialist m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, ASR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 10 August 2004, for a period of 5 years and 16 weeks. 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) 13F10, Fire Support Specialist. His record does not contain any evidence of acts of valor or meritorious achievements. He was serving at Fort Drum, NY when his discharge was initiated. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant’s service record is void of the complete 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 the applicant was unavailable for signature. 2. The DD Form 214 indicates that on 11 January 2006, the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), with a characterization of service of general, under honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JKQ and a reentry (RE) code of 3. 3. The applicant’s available service record does not contain any evidence of unauthorized absences, time lost or recorded 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. On 23 December 2005, DA, HQS, 10th Mountain Division (Light Infantry) and Fort Drum, Fort Drum, NY, Orders Number 357-1010, discharged the applicant from the Army, effective 5 January 2006. This order was amended on 28 December 2006, with Orders Number 362-1006, that discharged the applicant from the Army, effective 11 January 2006. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge orders number 357-1010, dated 23 December 2006. 2. Amended discharge orders number 362-1006, dated 28 December 2006. 3. A DD Form 214, dated 11 January 2006. 4. Enlistment/Reenlistment Document, dated 10 August 2004. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, and a letter, Department of Veteran Affairs. 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. ANALYST’S DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after examining his available military records, the issues and document 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 complete 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 the applicant was unavailable for 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, AR 635-200 by reason of misconduct (serious offense), 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 contends he was advised his discharge would automatically upgrade after six months from his discharge date. The US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. 5. The applicant further contends he submitted a document from the Veterans Administration indication his discharge was upgraded to honorable. The VA document submitted by the applicant is not an official document; the VA can annotate documents with a characterization of service for the purpose of assigning benefits. The ADRB can upgrade a discharge or change the reason for discharge based on issues of equity or propriety. 6. The applicant further contends his battalion commander put his company on lockdown due to the loss of a sensitive item on loan to a sister company; and married Soldiers were required to remain the in barracks and sleep on the floor. This contention was carefully considered; however, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service because the facts and circumstances leading to the discharge are unknown. 7. The applicant desires to receive VA benefits. 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. 8 Furthermore, 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 the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 3 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) AR20140001139 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1