IN THE CASE OF: BOARD DATE: 15 August 2014 CASE NUMBER: AR20140012220 ___________________________________________________________________________ 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 from general, under honorable conditions to honorable. 2. The applicant states, in effect, he was suffering from PTSD prior to the events that cause his discharge and should have been medically boarded. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 7 July 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 17 June 2009 d. Reason/Authority/SPD/RE: Pattern of Misconduct, AR 635-200, Chapter 14, paragraph 14-12b, JKA, RE-3 e. Unit of assignment: A Btry, 1st Bn, 1st ADA Rgt, Okinawa, Japan f. Current Enlistment Date/Term: 10 December 2007, 6 years g. Current Enlistment Service: 1 year, 6 months, 8 days h. Total Service: 3 years, 7 months, 21 days i. Time Lost: None j. Previous Discharges: RA-051027-071209/HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 44B10, Metal Worker m. GT Score: 96 n. Education: GED o. Overseas Service: Korea, Southwest Asia p. Combat Service: Iraq (071010-081214) q. Decorations/Awards: ARCOM, ICM-w/CS, NDSM, GWOTSM, KDSM, ASR OSR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 27 October 2005, for a period of 4 years. He reenlisted on 10 December 2007, for a period of 6 years. He was 25 years old at the time of reenlistment and had a high school equivalency (GED). His record indicates he served in Iraq and Korea; achieved the rank of SPC/E-4, and earned several awards to include the AAM. He completed a total of 3 years, 7 months, and 21 days of military service. 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 (i.e., the unit commander's notification memorandum, the applicant's election of rights memorandum, and the unit commander's recommendation memorandum). However, the record contains the applicant's acknowledgement memorandum, the intermediate commander's recommendation memorandum, and the approving authority's memorandum. 2. On 18 May 2009, the applicant acknowledged receipt of the memorandum regarding the action to separate him from the Army prior to the expiration of his current term of service under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct. He indicated he had been advised of his right to consult with legal counsel prior to making any election of rights. 3. On 21 May 2009, the intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge. 4. On 29 May 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct. 5. The DD Form 214 indicates that on 17 June 2009, the applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for 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. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: The applicant’s available record does not show any recorded actions under the UCMJ. However, the applicant achieved the rank of SPC/E-4 and at the time of discharge his DD Form 214 indicates the rank of PV2/E-2. The action(s) that caused his reduction in rank are not contained in the service record. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149 in lieu of a DD Form 293. POST-SERVICE ACTIVITY: None provided by the applicant. 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. 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 record of service, the documents 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 available record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. However, the record contains the immediate commander's recommendation, the approving authority's memorandum and the DD Form 214. These documents identify the reason and characterization of the discharge and government regularity is presumed in the discharge process. 3. Based on the documents found in the record it appears the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. By the misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge. 4. The applicant also requested his narrative reason for discharge be changed. However, 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 he was suffering from PTSD prior to the events that cause his discharge and should have been medically boarded. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review 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 his contentions. There is no evidence in the available record, nor has the applicant produced any evidence to support the contention that he was suffering from PTSD at the time of discharge. The applicant’s statement alone does not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. 6. Additionally, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. 7. 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. 8. 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, thus recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 15 August 2014 Location: Washington, DC Did the Applicant Testify? No Counsel: None 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: No Change Change RE Code to: No Change 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) AR20140012220 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1