IN THE CASE OF: Mr. BOARD DATE: 11 February 2015 CASE NUMBER: AR20140004751 ___________________________________________________________________________ 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 under other than honorable conditions discharge characterization to general, under honorable conditions. 2. The applicant did not present any issues of equity or propriety for the Board to consider. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 12 March 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 18 July 2003 d. Reason/Authority/SPD/RE Code: Misconduct, AR 635-200, Chapter 14, Section II, JKB, RE-3 e. Unit of assignment: 226th Supply Company, Fort Stewart, GA f. Current Enlistment Date/Term: 1 July 1997/3 years g. Current Enlistment Service: 5 years, 1 month, 10 days h. Total Service: 6 years, 11 months, 27 days i. Time Lost: 334 days j. Previous Discharges: ARNG, 950815-960609, NA ADT, 960610-961113, UNC ARNG, 961114-970630, HD k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 92A10, Automated Logistical Specialist m. GT Score: 100 n. Education: NIF o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, ASR r. Administrative Separation Board: NIF s. Performance Ratings: NA t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Army National Guard on 15 August 1995, for an undetermined amount of time. He was 17 years old at the time of entry. He reenlisted in the Regular Army on 1 July 1997, for a period of 3 years. His record is void of any significant acts of valor and achievement. He completed 6 years, 11 months, 27 days of active duty service. When his discharge proceedings were initiated, he was in confinement in Fort Knox, KY. 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 not authenticated by the applicant’s signature. 2. The DD Form 214 indicates that on 18 July 2003, the applicant was discharged under the provisions of Chapter 14, SEC II, AR 635-200, for misconduct, with a characterization of service of under other than honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JKB and a reentry (RE) code of 3. 3. Orders Number 155-1, DA, Headquarters, US Army Personnel Control Facility, Fort Knox, KY, dated 4 June 2003, reduced the applicant from PV2/E-2 to PVT/E-1. The document that reduced the applicant from PFC/E-3 is not contained in the record. 4. On 15 July 2003, DA, Headquarters, US Army Armor Center and Fort Knox, Fort Knox, KY, Orders Number 196-0175, discharged the applicant from the Army effective 18 July 2003. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge Orders Number 196-0175, dated 15 July 2003. 2. Orders Number 155-1, dated 4 June 2003, reduced the applicant from the grade of E-2 to E-1. 3. Orders Number 97-7, dated 7 April 2003, assigned the applicant to the Special Processing Company, US Army Personnel Control Facility, Fort Knox, KY, effective 18 September 2001. As a note, additional instructions stated the applicant had been charged with two counts of second degree burglary and two counts of second degree robbery. On 19 December 2001, the applicant was sentenced to three years in jail. 4. An Article 15, dated 25 May 1999, for the wrongful use of marijuana (990115 and 990216) and for being AWOL (990311 until 990315 and 990316 until 990330). The punishment consisted of forfeiture of $479 pay per month for two months and 45 days of extra duty and restriction (FG). 5. DA Form 458 (Charge Sheet), dated 30 September 1999, reflects the applicant was charged with being AWOL from 3 September 1999, and remained so in desertion. 6. DA Form 458, dated 3 April 2002, reflects the applicant was charged with being AWOL from 24 May 2001 and remained absent. 7. DD Form 616 (Report of Return of Absentee), dated 21 May 2001, reflects the applicant was apprehended by civilian authorities and returned to military control. 8. DD Form 616, dated 13 March 2003, reflects the applicant was apprehended by civilian authorities on 19 December 2001, and returned to military control. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 4 March 2014, a DD Form 149, dated 4 March 2014, and a DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any in support of 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. 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 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, which was not 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, Section II, by reason of misconduct, with a characterization of service of under other than 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. There is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. 5. 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. 6. 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: 11 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) AR20140004751 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1