IN THE CASE OF: Mr. BOARD DATE: 6 February 2015 CASE NUMBER: AR20140003092 ___________________________________________________________________________ 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 honorable. 2. The applicant states, in effect, his discharge was due to alcohol; he was treated in the ASAP program for two years by the Army. His VA rating proves his alcohol problem was caused by the Army. After his combat deployment, he developed Post Traumatic Stress Disorder (PTSD) and an anxiety disorder. His alcohol problem resulted in a medical board process, he was found unfit for duty; the separation authority denied the medical board and discharged the applicant with a general, under honorable conditions discharge. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 14 February 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 15 January 2013 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, 4-4th Infantry Regiment, 4th Brigade Combat Team, Fort Carson, CO f. Current Enlistment Date/Term: 11 April 2011, 4 years g. Current Enlistment Service: 1 year, 9 months, 5 days h. Total Service: 4 years, 1 month, 27 days i. Lost time: None j. Previous Discharges: ARNG (081119-081231)/HD RA (090101-110410)/HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 12B10, Combat Engineer m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Afghanistan (100119-110113) q. Decorations/Awards: AAM, AGCM, NDSM, ACM-W/2CS, GWOTSM, NPDR, ASR, OSR, NATO MDL, MUC r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Army National Guard on 19 November 2008, for a period of 8 years. He was 20 years old at the time of entry and a high school graduate. He was discharged on 31 December 2008, with an honorable discharge. The applicant enlisted in the Regular Army on 1 January 2009, for a period of 3 years and 14 weeks, under the active duty first option. He was 20 years old at the time of entry. He was trained in and awarded military occupational specialty (MOS) 12B10, Combat Engineer. His last enlistment on 11 April 2011 was four years and he was 22 years old. His record shows he served a combat tour, earned several awards including an AAM and an AGCM; and he achieved the rank of SPC/E-4. He was serving at Fort Carson, CO when his discharge was initiated. 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 digital signature. 2. The DD Form 214 indicates on 15 January 2013, 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 record does not contain any recorded actions under the Uniform Code of Military Justice (UCMJ), unauthorized absences; time lost or negative counseling statements. 4. On 8 January 2013, DA, Installation Management Command, HQs, US Army Garrison, Fort Carson, Fort Carson, CO, Orders Number 008-0004, discharged the applicant from the Army effective 15 January 2013. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge Orders Number 008-0004, dated 8 January 2013. 2. A DD Form 214, dated 15 January 2013. 3. Three Enlistment/Reenlistment Documents, dated 19 November 2008, 1 January 2009 and 11 April 2011. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, a block 17 remarks statement, and the back of a driver’s license indicating the holder was an organ donor. POST-SERVICE ACTIVITY: The applicant stated he has been attending college since 2012 and certified as an EMT in New Jersey and gainfully employed. 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 available military records, the issues and documents 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 digital 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 his discharge was due to alcohol; he was treated in the ASAP program for two years by the Army. These contentions were carefully considered. However, there is insufficient evidence available in the official record to make a determination as to whether they have merit. 5. The applicant further contends his VA rating proves his alcohol problem was caused by the Army. The record does not contain any information regarding a VA rating, nor did the applicant provide any evidence to support the contention the Army caused his alcohol problem. 6. The applicant also contends after his combat deployment, he developed PTSD and an anxiety disorder. The service record contains no evidence of a PTSD diagnosis or an anxiety disorder and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. 7. The applicant additionally contends his alcohol problem resulted in a medical board process, he was found unfit for duty and the separation authority denied the medical board and discharged the applicant with a general, under honorable conditions discharge characterization. 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 these contentions. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. 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, the reason for discharge and the characterization of service were both proper and equitable, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 6 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) AR20140003092 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1