IN THE CASE OF: Mr. BOARD DATE: 12 November 2014 CASE NUMBER: AR20140012396 ___________________________________________________________________________ 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 general, under honorable conditions discharge to honorable and a change to narrative reason. 2. The applicant states, in effect, his discharge was improper because he served four years in the military with no UCMJ actions or imposed punishment. He contends his inability to reintegrate into civilian society was caused by Post Traumatic Stress Disorder (PTSD). He request his narrative reason be changed to reflect a medical discharge for depression. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 9 July 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 4 June 2007 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200, Chapter 14-12b, JKA, RE-3 e. Unit of assignment: 1-10th AR RGT FC, Fort Carson, CO f. Current Enlistment Date/Term: 8 March 2006/, 5 years, 4 months g. Current Enlistment Service: 4 years, 5 months, 2 days h. Total Service: 4 years, 5 months, 2 days i. Time Lost: None j. Previous Discharges: RA, 030103-040919, HD RA, 040920-060307, NA (Concurrent Service) k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 19D10, Cavalry Scout m. GT Score: 107 n. Education: HS Letter o. Overseas Service: SWA p. Combat Service: Iraq (050417-060213) (031111-040313) q. Decorations/Awards: ARCOM, AAM, VUA, AGCM, NDSM, GWOTEM, GWOTSM, ICM, ASR, OSR-2, CAB r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 3 January 2003, for a period of 4 years. He was 25 years old at the time of entry and had a high school letter. He reenlisted on 20 September 2004, for a period of 5 years and extended his period of service for 4 months on 8 March 2006. He served in Iraq and earned an ARCOM, an AAM, and a CAB. He completed 4 years, 5 months, 2 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Carson, Colorado. 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 authenticated by the applicant’s signature. 2. The DD Form 214 indicates that on 4 June 2007, the applicant was discharged under the provisions of Chapter 14, 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 show any recorded actions under the UCMJ, unauthorized absences or time lost. 4. On 30 May 2007, DA Installation Management Command, HQs, US Army Garrison, Fort Carson, Fort Carson, CO, Orders Number 150-0005, discharged the applicant from the Army effective 4 June 2007. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Discharge Orders Number 150-0005, DA Installation Management Command, HQs, US Army Garrison, Fort Carson, Fort Carson, CO, dated 30 May 2007. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD 293, dated 3 July 2014, a DD Form 214, a DD Form 2697, and Report of Medical Assessment, dated 15 March 2007, reflecting PTSD. POST-SERVICE ACTIVITY: The applicant did not provide any in support of 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge and a change to the narrative reason 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, which was authenticated by the applicant's 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, AR 635-200, paragraph 14-12b 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's contention that he suffered from PTSD was carefully considered. Although the applicant’s service record contains documentation that supports a diagnosis of in-service diagnosis; a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. 5. The applicant contends he should have been medically discharged for depression; however, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. 6. The applicant requests a change to the narrative reason for his discharge. 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. 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 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: 12 November 2014 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) AR20140012396 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1