IN THE CASE OF: BOARD DATE: 3 November 2014 CASE NUMBER: AR20140014662 ___________________________________________________________________________ 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. In addition, the applicant requests a change to the narrative reason for separation. 2. The applicant states, in effect, he was not given the opportunity to explain himself prior to being discharged from the service. The applicant contends a change to the narrative reason for separation will allow him to rejoin the service and prove that he is a much better person. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 15 August 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 18 July 2013 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200 Chapter 14-12b, JKA, RE-3 e. Unit of assignment: A Company, 3rd Battalion, 75th Ranger Regiment, Fort Benning, Georgia f. Current Enlistment Date/Term: 6 February 2012/3 years, 19 weeks g. Current Enlistment Service: 1 year, 5 months, 13 days h. Total Service: 1 year, 5 months, 13 days i. Time Lost: None j. Previous Discharges: DEP, 110803-120207, N/A k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: 116 n. Education: College Graduate o. Overseas Service: SWA p. Combat Service: Afghanistan (121216-130207) q. Decorations/Awards: ACM-CS, NDSM, GWOTSM, ASR r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: Yes u. Prior Board Review: N/A SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 6 February 2012, for a period of 3 years and 19 weeks. He was 19 years old at the time of enlistment and a college graduate. He completed 1 year, 5 months, 13 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Benning, Georgia. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 3 June 2013, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct. Specifically for failing to report to his appointed place of duty on multiple occasions and made false official statements to several leaders on multiple occasions. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 4 June 2013, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement on his own behalf. In the statement, dated 11 June 2013, the applicant chronologically lists the events prior to his enlistment in the military, interaction with civilian law enforcement officials, his arrival to the Ranger Regiment, and the events leading to his discharge. The applicant stated there were many times when he wanted to let someone know the truth; however, was fearful of the repercussions. The applicant further states he’s learned that he can count on his chain of command and, given the chance, he will excel as it is the only place he wants to be in life. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. 4. On 14 June 2013, the intermediate commander reviewed the separation packet and recommended the applicant be separated from the Army prior to the expiration of his current term of service, with a characterization of service of general, under honorable conditions discharge. 5. On 2 July 2013, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 6. The applicant was discharged from the Army on 18 July 2013, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, a Separation Program Designator code (SPD) of JKA and an RE code of 3. 7. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge Order Number 183-2214, dated 2 July 2013, Headquarters, United States Army Garrison, Fort Benning, Georgia, discharged the applicant from the United States Army effective 18 July 2013. 2. Six negative counseling statements, dated between 5 January 2003 and 17 May 2003, for failing to enroll his dependent in DEERS, disrespect towards the chain of command, showing up to work late, failing to shave prior to the duty day, failing to complete the APFT, and the initiation of separation proceedings. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 12 August 2014, a DD Form 214 covering the period of service under review. POST-SERVICE ACTIVITY: None provided with the 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. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12b, pattern of misconduct. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" 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 and change to his narrative reason for discharge were carefully considered. However, after examining the applicant’s record of service, his military records, 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 record confirms that 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 pattern of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. 3. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. 4. The applicant contends the discharge was unjust because he was not given an opportunity to explain himself prior to being discharged. 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 this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discriminated. The applicant’s statements alone do 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. 5. The applicant contends the narrative reason for the discharge should be changed because he would like to rejoin the Army. However, the applicant was separated under the provisions of AR 635-200, Chapter 14-12b, with a general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," and the separation code is "JKA." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 6. The records show the proper discharge and separation authority procedures were followed in this case. 7. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 3 November 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) AR20140014662 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1