IN THE CASE OF: BOARD DATE: 5 June 2015 CASE NUMBER: AR20140009864 ___________________________________________________________________________ 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 general, under honorable conditions to fully honorable, and to change the narrative reason for his discharge. 2. The applicant states, in pertinent part and in effect, his discharge is unjust—he was not given an opportunity to rehabilitate. He tried to be the best Soldier and NCO. He is not innocent by any means, for he is responsible for his actions. He was involved in a few altercations and was referred to anger management. He enjoyed his job and duties for his country, but it was all taken from him without a real chance of recovering from the stress of heavy work loads and losing his family as he was in the process of a divorce that he had no control of and he took it hard. An upgrade would cast the overwhelming shadows of his past. He is working on reuniting his family. He is projected to graduate December 2014 with a bachelors degree. He desires to serve in the Reserve or the Army National Guard. He learned a valuable lesson. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 5 June 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 21 September 2012 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200, Paragraph 14-12c, JKQ, RE-3 e. Unit of assignment: 258th TV MOV Control, Hunter Army Airfield, GA f. Current Enlistment Date/Term: 1 November 2007, 4 years, 10 months g. Current Enlistment Service: 4 years, 10 months, 21 days h. Total Service: 7 years, 2 months, 17 days i. Time Lost: None j. Previous Discharges: RA (050705-071031) / HD k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 88N10, Transportation Management Coordinator; 25F10 Network Switching Systems Operator-Maintainer m. GT Score: 115 n. Education: Associates Degree o. Overseas Service: Korea, SWA p. Combat Service: Afghanistan (110526-120523) q. Decorations/Awards: AAM; AGCM; NDSM; GWOTSM; KDSM; NPDR; ASR; OSR r. Administrative Separation Board: NIF s. Performance Ratings: Yes t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 5 July 2005, and reenlisted on 1 November 2007, for a period of 4 years and extended that enlistment to 4 years and 10 months on 20 January 2011. He was 25 years old at the time of entry and had an associates degree. He was trained in and awarded military occupational specialties (MOSs) 88N10, Transportation Management Coordinator and 25F10 Network Switching Systems Operator-Maintainer. He served in Afghanistan; earned an AAM; and completed 7 years, 2 months, and 17 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 digitally authenticated by the applicant’s signature. 2. The DD Form 214 indicates that on 21 September 2012, the applicant was discharged under the provisions of Chapter 14, AR 635-200, for misconduct (serious offense), with a characterization of service of general, under honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JKQ and a reentry (RE) code of 3. 3. On 13 September 2012, Third Infantry Division and Fort Stewart, Fort Stewart, GA, Orders Number 257-0023, discharged the applicant from the Army, effective 21 September 2012. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There are no negative counseling statements in the record; however, the applicant submitting several with his application. 2. Discharge Orders described at the preceding paragraph 3. 3. Article 15, dated 15 March 2012, for assaulting SPC L (120228). The punishment consisted of a reduction to the grade of E-4 and 30 days of extra duty, (FG). The following documents are included in the Article 15 packet: a. Rights Warning Procedure/Waiver Certificate, dated 1 March 2012; b. Sworn Statement, dated 1 March 2012, by SPC M; c. Sworn Statement, dated 1 March 2012, by SSG J; d. Memorandum for Record, subject: No Contact Order, dated 2 March 2012; e. Request for Superior to Exercise Article 15, UCMJ, Jurisdiction, dated 2 March 2012; f. Report to Suspend Favorable Personnel Actions (FLAG), dated 4 March 2012; and g. ERB, dated 6 November 2011. 4. Four NCOERs rendered during period under current review, as follows: a. A “Change of Rater” report covering the period of 20 December 2010 through 10 May 2011. The applicant was rated as “Fully Capable” and received 2/1 from the senior rater. b. A “Change of Rater” report covering the period of 15 July 2010 through 19 December 2010. He was rated as “Fully Capable” and received 2/2 from the senior rater. c. A “Change of Rater” report covering the period of 23 September 2009 through 14 July 2010. He was rated as “Among the Best” and received 1/1 from the senior rater. d. A “Change of Rater” report covering the period of 1 August 2008 through 30 April 2009. He was rated as “Fully Capable” and received 2/1 from the senior rater. 5. DA Form 1059, Service School Academic Evaluation Report, dated 19 August 2009, indicates the applicant achieved the course standards of the Warrior Leader Course. 6. DA Form 1059, Service School Academic Evaluation Report, dated 24 March 2009, indicates the applicant achieved the course standards of the 88N MOS, Transportation Management Coordinator course. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a self-authored statement; DD Form 214 for service under current review; a memorandum of input statement, dated 28 May 2014; oath of enlistment extension, dated 20 January 2011; PCS Orders, dated 24 January 2011; two NCOERs (100715-101219 and 090923-100714); memorandum revoking AAM, dated 26 March 2012; memorandum appointing an IO for commander’s inquiry, dated 4 April 2012, with report of proceedings; request for legal action, dated 3 March 2012; request to exercise an Article 15, dated 2 March 2012; two sworn statements, dated 1 March 2012; rights warning certificate, dated 1 March 2012; no-contact order, dated 2 March 2012; three sworn statements, dated 5 October 2011; 10 counseling statements, dated between 20 September 2011 and 6 February 2012; and a letter of concern, dated 13 July 2011. POST-SERVICE ACTIVITY: The applicant states, in effect, he is in the process of obtaining his bachelor’s degree. 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, 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 digitally signed by the applicant. 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 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's contentions his discharge was unjust, he was not given an opportunity to rehabilitate from the stress of heavy work load, losing his family, and he was in the process of a divorce that he had no control of, were carefully considered. However, 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. The applicant’s statements alone do not overcome the presumption of government regularity and the application contains insufficient 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 have been noted as outlined on the application. However, in review of the applicant’s entire available service record and the reasons for the discharge, it appears that these accomplishments would not overcome the reason for discharge and characterization of service granted at this time. 7. The applicant desires to rejoin the military service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There are no bases upon which to grant a change to the reason or to the RE code at this time. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 8. 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: 5 June 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: 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 IADT – Initial Active Duty Training OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade MP – Military Police RE - Reentry Honorable Conditions ADRB Case Report and Directive (cont) AR20140009864 Page 2 of 7 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1