IN THE CASE OF: Mr. BOARD DATE: 5 December 2014 CASE NUMBER: AR20140001254 ___________________________________________________________________________ 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 characterization from general, under honorable conditions to fully honorable and a change to the narrative reason for separation. 2. The applicant states, in effect, his family suffered the loss of a few members that were very close to them and he did not handle the situation as a man should have done but instead handled it as a child and acted like one. He has since come to realize this was the biggest mistake he has made in life and is requesting to be given the opportunity for a second chance. He would like to re-enter the military with a clean start and afforded the opportunity to receive the GI bill so he can better educate himself on how to better handle situations and effectively make a positive change in the life of others through his mistakes. Perhaps he can prevent someone else from making the same mistakes he did. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 10 January 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 7 June 2011 d. Reason/Authority/SPD/RE: Misconduct (Minor Infractions), AR 635-200, Chapter 14-12a, JKN, RE-3 e. Unit of assignment: 43rd Air Defense Delta Battery, Fort Bliss, TX f. Current Enlistment Date/Term: 16 June 2008, 3 years, 40 weeks g. Current Enlistment Service: 2 years, 11 months, 22 days h. Total Service: 2 year, 11 months, 22 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 14E10, Patriot FC Operator m. GT Score: NIF n. Education: GED Certificate 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's record shows he enlisted in the Regular Army on 16 June 2008, for a period of 3 years and 40 weeks. He was 18 years old at the time and received a General Education Development Certificate (GED). The applicant’s record does not show any significant achievements or acts of valor. When his discharge proceedings were initiated, he was serving at Fort Bliss, 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 on 7 June 2011, the applicant was discharged under the provisions of Chapter 14-12a, AR 635-200, for misconduct (minor infractions), with a characterization of service of general, under honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JKN and a reentry (RE) code of 3. 3. The applicant’s available record does not show any recorded actions under the UCMJ, unauthorized absences or time lost. However, he achieved the rank of SPC/E-4 and was separated as a PV1 and the action that caused his reduction is not contained in the service record. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD 1. DD Form 214 dated 7 June 2011, for the period of service under review corroborating the aforementioned information. EVIDENCE SUBMITTED BY THE APPLICANT The applicant did not provide any with the application. POST-SERVICE ACTIVITY: The applicant did not provide any with the 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 record of service and the issue 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 (Certificate of Release or Discharge from Active Duty), 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, AR 635-200, paragraph 14-12a by reason of misconduct (minor infractions), 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 suffered the loss of a few members that were very close to them and he did not handle the situation as a man should have done but instead handled it as a child and acted like one. He has since come to realize this was the biggest mistake he has made in life and is requesting to be given the opportunity for a second chance. The applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the available record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The record shows based on his DD Form 4/1 (enlistment document) the applicant met entrance qualification standards to include age. There is no evidence in the available record to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 5. The applicant contends he would like to re-enter the military with a clean start and afforded the opportunity to receive the GI bill so he can better educate himself on how to better handle situations and effectively make a positive change in the life of others through his mistakes. If the applicant desires to reenlist, he should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 6. 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. 7. 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. 8. 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: 5 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 UOTH - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR 20140001254 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1