IN THE CASE OF: Mr. BOARD DATE: 28 January 2015 CASE NUMBER: AR20140003145 ___________________________________________________________________________ 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 general, under honorable conditions discharge to honorable. 2. The applicant states, in effect, he believes the characterization of his discharge was improperly changed from honorable to general, under honorable conditions. He contends, he was told by COL M, that he directed the applicant be separated with an honorable discharge. He states, after completing his separation paperwork, he learned that his characterization had changed. He never had the opportunity to consult with legal counsel to discuss why the characterization was changed. He states, he is currently enrolled at Texas State Technical College studying aviation mechanics. He desires to use his GI Bill. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 14 February 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 8 January 2014 d. Reason/Authority/SPD/RE Code: Physical Standards, AR 635-200, Chapter 13 JFT, RE-3 e. Unit of assignment: Company B, 4-227th Attack Reconnaissance Battalion (Rear) (Provisional), Fort Hood, TX f. Current Enlistment Date/Term: 14 February 2012/6 years g. Current Enlistment Service: 1 year, 10 months, 25 days h. Total Service: 1 year, 10 months, 25 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: 15R10, AH-64 Attack Helicopter Repairer m. GT Score: 113 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, ASR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 14 February 2012, for a period of 6 years. He was 20 years old at the time of entry and a high school graduate. His record is void of any significant acts of valor and achievement. He completed 1 year, 10 months, and 25 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Hood, TX. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. 2. On an unknown date, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. The applicant was not transferred to the US Army Reserve Control Group. 3. The available evidence in the record indicates that on 31 December 2013, DA HQS, III Corps and Fort Hood, Fort Hood, TX, Orders Number 365-0111, discharged the applicant from the Army Reserve, effective 8 January 2014, with a general, under honorable conditions discharge. 4. The record contains a properly constituted DD Form 214 order which indicates the applicant was discharged under the provisions of paragraph 13-2e, AR 635-200, by reason of failing to meet physical standards, with a characterization of service of general, under honorable conditions. 5. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Discharge Orders Number 365-0111, dated 31 December 2013. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 8 February 2014, a self-authored statement and a DD Form 214. POST-SERVICE ACTIVITY: The applicant states, he is currently enrolled in Texas State Technical College studying aviation mechanics. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel. Chapter 13-2e states in pertinent part, that separation proceedings will be initiated for Soldiers without medical limitations who have two consecutive failures of the Army Physical Fitness Test. The reason for discharge will be shown as physical standards. 2. The service of Soldiers separated because of unsatisfactory performance for failure to meet physical standards will be characterized as honorable or general, under honorable conditions. 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 military records, the documents and the issues 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 the former Soldier’s discharge from the Army. However, the record shows that on 31 December 2013, DA HQS, III Corps and Fort Hood, Fort Hood, TX, Orders Number 365-0111, discharged the applicant from the Army Reserve, effective 8 January 2014, with a general, under honorable conditions discharge. 3. Barring evidence to the contrary, the presumption of government regularity shall prevail, 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 told by COL M his separation would be characterized as a honorable discharge. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. 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 do 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. 5. The applicant further contends he did not have the opportunity to obtain legal counsel to discuss the change in his characterization of service. As previously stated, 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 do 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. 6. 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. 7. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 28 January 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) AR20140003145 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1