IN THE CASE OF: BOARD DATE: 27 May 2015 CASE NUMBER: AR20140009697 ___________________________________________________________________________ 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 under other than honorable conditions to general, under honorable conditions or honorable. 2. The applicant states, in effect, his discharge was inequitable because it was based on an isolated incident during 25 months of service. He was not in his right state of mind due to his wife’s infidelity. He had some health issues that were not addressed during his discharge process; he did not receive a physical or a behavioral health evaluation. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 June 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 7 March 2014 d. Reason/Authority/SPD/RE Code: In Lieu of Trial by Court-Martial/AR-635-200/ Chapter 10/KFS/RE-4 e. Unit of assignment: A Battery, 4-27th Field Artillery, Fort Bliss, TX f. Current Enlistment Date/Term: 12 September 2011, 3 years and 22 weeks g. Current Enlistment Service: 2 years, 5 months, 26 days h. Total Service: 2 years, 5 months, 26 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 13D10, Field Artillery Automation m. GT Score: 110 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, ASR r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 12 September 2011, for a period of 3 years and 22 weeks. He was 21 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 13D10, Field Artillery Automation. His record does not contain any evidence of acts of valor or meritorious achievements; and he achieved the rank of SPC/E-4. He was serving at Fort Bliss, TX when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s 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 7 March 2013, the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the Service in lieu of trial by court-martial with a characterization of service of under other than honorable conditions. Further, the DD Form 214 shows a Separation Code of KFS i.e., (in lieu of trial by court-martial) with a reentry eligibility (RE) code of 4. 3. On 7 March 2014, DA, US. Army Installation Management Command, Headquarters, US Army Garrison, Fort Bliss, Fort Bliss, TX, Orders Number 066-0035, discharged the applicant from the Army effective 12 March 2014. On 7 March 2014, amended Orders Number 066-0192, changed the applicant’s release date to 7 March 2014. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. DD Form 214, dated 7 March 2014. 2. Discharge Orders Number 066-0192, dated 7 March 2014. 3. DD Form 458 (Charge Sheet), dated 4 October 2013 indicating the applicant was charged with AWOL. 4. DA Form 4187 (Personnel Action), dated 4 September 2013 showing the applicant’s present for duty and AWOL date. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293. POST-SERVICE ACTIVITY: The applicant did not provide any information with his application. REGULATORY AUTHORITY: 1. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate. 2. 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. 3. 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. 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 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. Barring evidence to the contrary, it appears all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 3. The DD Form 214 also indicates the applicant was discharged under the provisions of Chapter 10, AR 635-200, by reason of in lieu of trial by court-martial, 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 contends his discharge was inequitable because it was based on an isolated incident during 25 months of service. There is insufficient evidence available in the official record to make a determination as to whether these contentions have merit. 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. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention his misconduct was an isolated incident. 5. The applicant further contends he was not in his right state of mind due to his wife’s infidelity. The available record of evidence does not demonstrate he sought relief through his command or the numerous Army community services like the Chaplain, Family Support Services, or the Community Counseling Center and other resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 6. The applicant also contends he had some health issues which were not addressed during his discharge. 7. AR 635-200, Chapter 10, paragraph 10-6, states a medical examination is not required but may be requested by the Soldier under AR 40–501, Chapter 8. The available record does not contain any evidence the applicant requested a medical or mental evaluation prior to or during the discharge process. 8. If the applicant desires a personal appearance, it is his responsibility to meet the burden of proof since the evidence is not available in the official record. The applicant will need to provide the appropriate documents or other evidence (i.e., discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. 9. Therefore, based on the available evidence and the presumption of government regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, and the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 27 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) AR20140009697 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1