IN THE CASE OF: Mr. BOARD DATE: 28 January 2015 CASE NUMBER: AR20140014423 ___________________________________________________________________________ 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. 2. The applicant states, in effect, he was discharged while he was incarcerated. He was physically unable to report for duty. His AWOL was attributed to non-military issues which he is still dealing with. He had an honorable service until he was arrested. As a result, he is having legal struggles which are directly related to his Post-Traumatic Stress Disorder (PTSD) and has difficulty adjusting to life after his deployments. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 11 August 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 20 December 2012 d. Reason/Authority/SPD/RE Code: Misconduct (AWOL), AR 635-200, Paragraph 14- 12c(1), JKD, RE-3 e. Unit of assignment: B Btry, 1st Bn, 82nd FA Regiment, 1st BCT, 1st Cav Div, Fort Hood, TX f. Current Enlistment Date/Term: 1 May 2007, 6 years, 17 weeks g. Current Enlistment Service: 4 years, 2 months, 7 days h. Total Service: 4 years, 2 months, 7 days i. Time Lost: 175 days j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 13B10, Cannon Crewmember m. GT Score: 135 n. Education: GED o. Overseas Service: SWA p. Combat Service: Iraq (071119-080612), (090912-100817) q. Decorations/Awards: ARCOM-2; AGCM; NDSM; ICM-2CS; GWOTSM; ASR; OSR; CAB r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 1 May 2007, for a period of 6 years and 17 weeks. He was 21 years old at the time of entry and had a high school equivalency (GED). He was trained in and awarded military occupational specialty (MOS) 13B10, Cannon Crewmember. He served in Iraq. He earned an ARCOM. He completed 4 years, 2 months, and 7 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 not authenticated by the applicant’s signature. The record also contains the separation authority’s decision memorandum. 2. On 4 December 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 3. The DD Form 214 indicates that on 20 December 2012, the applicant was discharged under the provisions of paragraph 14-12c(1), Chapter 14, AR 635-200, for misconduct (AWOL), with a characterization of service of general, under honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JKD and a reentry (RE) code of 3. 4. The applicant’s available record shows five separate AWOL incidents with a total of 175 days of time lost (110629-110629), (110701-110705), (110708-110711), (110718-110828), and (110829-121220). 5. On 8 December 2012, HQDA, III Corps and Fort Hood, Fort Hood, TX, Orders Number 343-0109, discharged the applicant from the Army, effective 20 December 2012. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Two separate Charge Sheets: a. A charge of desertion, in violation of Article 85, UCMJ, from 30 August 2011 and a charge of AWOL, in violation of Article 86, UCMJ, from 29 August 2011. The charges were preferred on 30 August 2011. b. A charge of desertion, in violation of Article 85, UCMJ, from 18 August 2011 and a charge of AWOL, in violation of Article 86, UCMJ, from 18 July 2011. The charges were preferred on 18 August 2011. 2. Report of Return of Absentee, dated 20 March 2012, indicates the applicant was apprehended by civil authorities and returned to military control on 20 March 2012. The report further shows his absence started on 29 August 2011. 3. Report of Return of Absentee, dated 25 August 2011, indicates the applicant was apprehended by civil authorities and returned to military control on 25 August 2011. The report further shows his absence started on 18 July 2011. 4. Five Personnel Actions, depicting the following: a. On 30 August 2011, the applicant’s duty status changed from AWOL to DFR, effective 30 August 2011. b. On 29 August 2011, the applicant’s duty status changed from Confined Civilian Authorities (CCA) to PDY, effective (1000 hours) 29 August 2011. c. On 29 August 2011, the applicant’s duty status changed from PDY to AWOL, effective (1300 hours) 29 August 2011. d. On 18 August 2011, the applicant’s duty status changed from AWOL to DFR, effective 18 August 2011. e. On 11 July 2011 (sic), the applicant’s duty status changed from PDY to AWOL, effective 18 July 2011. 5. There are no negative counseling statements available in the record. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided none. POST-SERVICE ACTIVITY: The applicant provided none. 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 "JKD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(1), misconduct (AWOL). 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKD" 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, 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 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 not 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 14-12c(1), by reason of misconduct (AWOL), 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 about his legal struggles, being incarcerated, and being AWOL were the result of his PTSD and that he is having difficulty adjusting to life after his deployments 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. Moreover, the service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant’s statements alone do not overcome the presumption of government regularity and the application contains no 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 and any medical diagnosis of PTSD) 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 also contends that he had an honorable service until he was arrested. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. However, at this time, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated serious incidents of misconduct or by the documented evidence of numerous AWOL incidents. 7. 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: 28 January 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) AR20140014423 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1