1. Applicant’s Name: a. Application Date: 29 April 2015 b. Date Received: 18 May 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, an upgrade is needed so that he can go to school. In a records review conducted at Arlington, VA on 3 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 12 January 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: NIF / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 6 September 2011 / 4 years and 23 weeks b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 97 c. Highest Grade Achieved/MOS/Total Service: E-4 / 42A10, Human Resources Specialist / 3 years, 4 months, and 7 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Korea / None f. Awards and Decorations: AAM, NDSM, GWTSM, KDSM, ASR, OSR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: NIF; however, the following items were submitted by the applicant: FG Article 15, dated 10 April 2014, for failing to go at the time prescribed to his appointed place of duty (8 October 2013), failing to obey a lawful order (8 October 2013), derelict in the performance of his duties (27 January 2014), and wrongfully secreted mail matter (19 March 2014). The punishment consisted of a reduction to E-3, forfeiture of $959.00 pay per month for two months (suspended), 45 days of extra duty and restriction, and an oral reprimand. FG Article 15, dated 28 August 2014, for wrongfully secret certain mail matter (31 July 2013 and 18 March 2014). The punishment consisted of a reduction to E-1, forfeiture of $765.00 pay per month for two months, 45 days of extra duty and restriction, and an oral reprimand. Five DA Forms 4856 (Developmental Counseling), dated between 8 October 2013 and 21 July 2014, for failing to obey orders, dereliction of duty, violation of post mail policies, conduct unbecoming of a Soldier, and the initiation of separation proceedings. Form 1574 (Report of Proceedings by Investigating Officer/Board of Officers, reflects an AR 15-6 Investigation commenced on 21 July 2014 to investigate all relevant facts and circumstances surrounding the allegation that the applicant committed mail secreting. The AR 15-16 was completed on 30 July 2014. The Investigating Officer’s (IO) findings and recommendations were not included with the AR 15-6 investigation paperwork submitted by the applicant. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application, 29 April 2015; DD Form 214; and the following: Two FG Article 15s, dated 10 April 2014 and 28 August 2014; Five DA Forms 4856, dated between 8 October 2013 and 21 July 2014; Memorandum For Record (MFR), Subject: Acknowledgement of Suspension of Favorable Actions (FLAG), dated 26 March 2014; MFR, Subject: Terminal/Transition Leave, dated 22 December 2014; DA Form 31 (Request for Leave), dated 13 May 2014; DA Form 200 (Transmittal Record), dated 27 January 2014; DoD 4525.6-M Postal Manual Chapters 3, 5, 10, and 14 excerpts; and, AR 600-8-3 Unit Postal Operations 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): 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. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant’s available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. 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. 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. 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. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 3 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: 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 BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150008641 4