IN THE CASE OF: Mr. BOARD DATE: 30 January 2015 CASE NUMBER: AR20140019198 ___________________________________________________________________________ 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 mistreated because he is a Muslim; he was the center of jokes and ridicule. He had to get out because he could not take it anymore. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 3 November 2014 b. Discharge received: General, Under Honorable Conditions c. Date of Discharge: 30 June 2005 d. Reason/Authority/SPD/RE: Condition, Not a Disability, AR 635-200, Chapter 5 Paragraph 5-17, JFV, RE-3 e. Unit of assignment: HQ/A Co, 210th Forward Support Battalion Fort Drum, NY f. Current Enlistment Date/Term: 21 August 2002, 4 years g. Current Enlistment Service: 2 years, 10 months, 10 days h. Total Service: 2 years, 10 months, 10 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 91W10 Health Care Specialist m. GT Score: 124 n. Education: College Graduate o. Overseas Service: Southwest Asia p. Combat Service: Iraq (040615-050611)/Afghanistan (dates not in file) q. Decorations/Awards: ARCOM, NDSM, GWOTEM, GWOTSM, ASR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 21 August 2002, for a period of 4 years. He was 32 years old at the time of entry and a college graduate. His record also shows he served a combat tour, earned an ARCOM; and he achieved the rank of SPC/E-4. He was serving at Fort Drum, NY, when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. 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 the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for other designated physical or mental conditions, with a characterization of service of general, under honorable conditions. The DD Form 214 shows a Separation Code of JFV (i.e., condition, not a disability), with a reentry eligibility (RE) code of 3. 3. The applicant’s available service record does not contain any evidence of unauthorized absences, time lost or actions under the Uniform Code of Military Justice (UCMJ). 4. On 20 June 2005, Orders 71-1009, HQs, 10th Mountain Division (Light Infantry) and Fort Drum, Fort Drum, NY, discharged the applicant from the Regular Army, effective 30 June 2005. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD 1. Discharge orders number 171-1009, dated 20 June 2005. 2. DD Form 214, dated 30 June 2005. 3. Enlistment/Reenlistment document, dated 21 August 2002. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149 in lieu of DD Form 293. POST-SERVICE ACTIVITY: The applicant did not provide any information his application. REGULATORY AUTHORITY: 1. Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired. 2. AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. 3. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after a careful review of all the available records for the period of enlistment under review, and the issues submitted with the application, there were insufficient mitigating factors to merit an upgrade of the applicant's discharge. 3. The applicant’s record is void of the specific facts and circumstances concerning the events that led to the discharge from the Army. However, the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge. 4. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200 by reason of condition, not a disability, with a characterization of service of general, under honorable conditions. Barring evidence to the contrary and applying the principle of government regularity, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 5. The applicant contends he was mistreated because he is a Muslim; he was the center of jokes and ridiculed. He had to get out because he could not take it anymore. The applicant's contentions were carefully considered. However, a determination on whether these contentions have merit cannot be made because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the discharge packet is not available in the official record. 6. Therefore, based on what is available in the applicant’s record and applying the presumption of government regularity, it appears the reason for discharge and the characterization of service were both proper and equitable; the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 30 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) AR20140019198 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1