1. APPLICANT’S NAME: a. Application Date: 2 June 2014 b. Date Received: 11 June 2014 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: To upgrade his general, under honorable conditions characterization of service to honorable and change the narrative reason for his discharge and he would like his separation pay for the termination of his enlistment contract without cause. The applicant states, in pertinent part and in effect, he was discharged based on a false report; he was not convicted in a court; he had multiple injuries, including a major depression; and he was severely and emotionally discharged by the events that led to his discharge. In a records review conducted at Arlington, VA on 10 July 2015, and by a 4-1 vote, the Board finding the separation was both proper and equitable, denied the request. (Board member names available upon request.) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 22 August 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date/Characterization: NIF 4. SERVICE DETAILS: a. Date/Period of Enlistment: 28 March 2009, 6 years b. Age at Enlistment/Education/GT Score: 22 / GED / NIF c. Highest Grade Achieved/MOS/Total Service: E-4 / 89B10, Ammunition Specialist / 6 years, 2 months, 8 days d. Prior Service/Characterizations: RA (13 June 2007-27 March 2009 / HD e. Overseas Service/Combat Service: SWA / Afghanistan (25 October 2010-24 October 2011), Iraq (2 October 2008-2 October 2009) f. Awards and Decorations: AAM-3; AGCM; NDSM; ACM-2CS; ICM-2; GWOTSM; ASR; OSR-2; NATO MDL g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: NIF i. Lost Time: 2 days, Civilian Confinement j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Self-authored statement; memorandum, dated 16 May 2013, rendered by a trial defense counsel; statement by a Ms. M; Patient Discharge Instructions, dated 18 December 2012; and a civilian police department case supplement report. 6. POST SERVICE ACCOMPLISHMENTS: None provided 7. REGULATORY CITATION(S): 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. 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). 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. 8. DISCUSSION OF ISSUE(S) AND RECOMMENDATION(S): The applicant is seeking relief by an upgrade of his characterization of service and to change the narrative reason for his discharge contends he was discharged based on a false report and he was not convicted in a court. His 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 authenticated by the applicant's signature. The document 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. The applicant's contentions were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon quality of his 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 sufficient evidence, to support a change to the characterization of service granted or to change the narrative reason for his discharge. His statements alone do not overcome the presumption of government regularity and the application contains no documentation or sufficient evidence in support of his request for an upgrade of the discharge or to change the narrative reason for his discharge. If he 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 and medical evidence of his mental health issues) 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. The applicant contends he had medical issues, such as being diagnosed with major depression. However, the applicant did not submit any evidence to support the contention that the discharge may have been the result of any medical condition. Army Regulation 635-5-1 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 14-12c, for misconduct (serious offense). The regulation further stipulates that no deviation is authorized. The third party statements provided with the application were considered; however, the persons providing the statements were not in a position to fully understand or appreciate the expectations of the applicant’s chain of command. As such, none of the statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. His service accomplishments and the quality of his service prior to any incidents that may have caused the initiation of discharge proceedings, as outlined in his application were carefully considered. However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge at this time. Based on the available evidence and the government presumption of regularity, it appears the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and that the applicant was provided full administrative due process. 9. BOARD ACTION DIRECTED: a. Issue a new DD-214/Issue new Separation Order: No b. Change characterization to: No Change c. Change Reason to: No Change d. SPD/RE Code Change to: No Change e. Restoration to Grade: No Change Authenticating Official: COL, US ARMY Presiding Officer Army Discharge Review Board 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 MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade IADT – Initial Active Duty Training RE - Reentry Honorable Conditions ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20140010274 1