IN THE CASE OF: Mr. BOARD DATE: 20 March 2015 CASE NUMBER: AR20140006107 ___________________________________________________________________________ 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 to upgrade the characterization of his service from under other than honorable to general, under honorable conditions. 2. The applicant states, in effect, he understands what he did was wrong and cannot make excuses for what happened. He can only try and begin to fix the harm that he has caused. To say that he learned a lesson would be an understatement, but to try and move forward would be the human thing to do. He loves this country and his military service. It shames him to know that he has disgraced his military service. He is an active church member and volunteers speaking to the youth about his story and his life. He has enrolled to complete a master’s degree. He feels he has been blessed with a second chance on life. He has always been a good person and when he committed a stupid act, he lost everything. He now does good things everyday, and asks to be forgiven. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 1 April 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 6 September 2007 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200, Paragraph 14-12c, JKQ, RE-4 e. Unit of assignment: USA, 5th Recruiting Bde, Fort Huachuca, AZ f. Current Enlistment Date/Term: 19 November 2004, Indefinite g. Current Enlistment Service: 2 years, 9 months, 18 days h. Total Service: 18 years, 11 months, 23 days i. Time Lost: None j. Previous Discharges: RA (880914-940123) / HD RA (940124-991208) / HD RA (991209-041118) / HD k. Highest Grade Achieved: E-7 l. Military Occupational Specialty: 79R10, Recruiter 15B10, Aircraft Powerplant Repairer m. GT Score: 103 n. Education: 2 years of college o. Overseas Service: Germany, SWA p. Combat Service: Saudi Arabia (901224-910505) q. Decorations/Awards: MSM; ARCOM; AAM-6; AGCM-5; NDSM-2; SWASM- BS; SWASM; GWOTSM; NPDR-3; ASR; OSR; VUA; ASUA; BAB r. Administrative Separation Board: NIF s. Performance Ratings: Yes t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 14 September 1988, followed by four reenlistments. The latter reenlistment was on 19 November 2004, for an indefinite period. He was 18 years old at the time of entry and had two years of college. He was trained in and awarded military occupational specialty (MOS) 79R10, Recruiter and 15B10, Aircraft Powerplant Repairer. He served in Germany and Saudi Arabia. He earned an MSM; an ARCOM and six AAMs. He completed 18 years, 11 months, and 23 days of active duty service. 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 that on 6 September 2007, the applicant was discharged under the provisions of Chapter 14, AR 635-200, for misconduct (serious offense), with a characterization of service of under other than honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JKQ and a reentry (RE) code of 4. 3. The applicant’s available record does not show any recorded actions under the UCMJ, unauthorized absences or time lost. 4. On 31 June 2007, HQDA, USA Medical Department Center and School and Fort Sam Houston, Fort Sam Houston, TX, Orders Number 239-0103, discharged the applicant from the Army, effective 6 September 2007. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There is no record of any negative counseling statement. 2. Discharge Orders. 3. One NCOER rendered during the period under current review: An “Annual” report covering the period of June 2004 to May 2005. The applicant was rated as “Fully Capable” and received 2/1 from the senior rater. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided none. POST-SERVICE ACTIVITY: The applicant states, in effect, he enrolled to complete his master’s degree; he is a church member and volunteers speaking to the youth; and does something good everyday. 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. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, misconduct (serious offense). 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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, 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 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 14-12c by reason of misconduct (serious offense), 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. The applicant's contentions were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service and the basis for his discharge. 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. 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. If the applicant desires a personal appearance hearing, it would 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. The applicant’s post-service accomplishments outlined in the application were also considered. However, these accomplishments did not overcome the reason for discharge and characterization of service granted. 7. 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: 20 March 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) AR20140006107 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1