IN THE CASE OF: BOARD DATE: 20 May 2015 CASE NUMBER: AR20140007058 ___________________________________________________________________________ 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 and a change to the narrative reason for separation. 2. The applicant states, in effect, his discharge and narrative reason for separation are making it difficult to obtain employment or file for unemployment. He was diagnosed with Asperger syndrome prior to enlisting in the Amy; and he feels this condition contributed to his behavior while on active duty and he should not be penalized for it. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 17 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 15 January 2014 d. Reason/Authority/SPD/RE: Pattern of Misconduct, AR 635-200, Chapter 14, paragraph 14-12b, JKA, RE-3 e. Unit of assignment: D Co, 47th Combat Support Battalion, Fort Bliss, TX f. Current Enlistment Date/Term: 14 March 2011, 3 years and 25 weeks g. Current Enlistment Service: 2 years, 10 months, 2 days h. Total Service: 2 years, 10 months, 2 days i. Lost time: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 91B10, Wheeled Vehicle Mechanic m. GT Score: 104 n. Education: HS Graduate o. Overseas Service: Korea p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, KDSM, ASR, OSR 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 Regular Army on 14 March 2011, for a period of 3 years and 25 weeks. He was 22 years old at the time of entry and a HS Graduate. He was trained in and awarded military occupational specialty (MOS) 91B10, Wheeled Vehicle Mechanic. His record does not contain any evidence of acts of valor or meritorious achievements; and he achieved the rank of PFC/E-3. He was serving at Fort Bliss, TX when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record is void of the complete 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 2014, the applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, with a characterization of service of general, under honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JKA 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. However, he was separated as a PV2/E-2 and the action that caused his reduction is not contained in the service record. 4. On 10 January 2014, DA, US Army Installation Management Command, Headquarters, US Army Garrison, Fort Bliss, Fort Bliss, TX, Orders Number 010-0019, discharged the applicant from the Army effective 15 January 2014. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge Orders Number 010-0019, dated 10 January 2014. 2. DD Form 214, dated 15 January 2014. 3. Enlistment/Reenlistment Document, dated 14 March 2011. 4. An Informal Physical Evaluation Board (PEB) Proceedings, dated 2 December 2013, indicated the Board diagnosed the applicant with an anxiety disorder not otherwise specified (NOS) and Asperger’s Disorder, claimed as an adjustment disorder with a depression disorder, bipolar disorder, psychotic disorder and PTSD. The Board further found the applicant physically unfit and recommended a 50 percent disability rating placed him on the Temporary Disability Retired List (TDRL). EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, a DD Form 214, four support statements, and a Kalamazoo Public Schools, Individualized Education Program document (two pages). POST-SERVICE ACTIVITY: The applicant did not provide any information with 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. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, for a pattern of misconduct. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" 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 and a change to the narrative reason for separation was carefully considered. However, after examining the applicant’s 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 or a change to the narrative reason for separation. 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 14-12b, AR 635-200, by reason of a pattern of misconduct, 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 requested a change to the narrative reason for separation. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, for a pattern of misconduct. The regulation further stipulates that no deviation is authorized. 5. The applicant contends his discharge and narrative reason for separation are making it difficult to obtain employment or file for unemployment. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities or in filing for unemployment benefits. 6. The applicant further contends he was diagnosed with Asperger Syndrome prior to enlisting in the Amy; and he feels this condition contributed to his behavior while on active duty and he should not be penalized for it. The record of evidence shows the PEB proceedings found the applicant physically unfit and recommended a 50 percent disability rating and placed him on the TDRL. 7. Further, there is insufficient evidence available in the official record to make a determination as to whether this contention has merit because the facts and circumstances leading to the discharge are unknown. 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 are both proper and equitable; the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 20 May 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) AR20140007058 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1