1. Applicant’s Name: a. Application Date: 31 July 2015 b. Date Received: 15 September 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of his discharge from general, under honorable conditions to honorable. The applicant seeks relief contending, in effect, an upgrade would allow her employment opportunities, veterans’ benefits, and possibility of returning to the military service. In a records review hearing conducted at Arlington, VA on 9 May 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 6 February 2012 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: None (6) Separation Decision Date/Characterization: 27 January 2012 / Genera, Under Honorable Conditions discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 26 August 2009 / 4 years b. Age at Enlistment/Education/GT Score: 22 / HS Graduate / 95 c. Highest Grade Achieved/MOS/Total Service: E-3 / 92A10, Automated Logistical Specialist / 2 years, 3 months, 13 days d. Prior Service/Characterizations: None / NA e. Overseas Service/Combat Service: None / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: DA Form 4187 (Personnel Action), dated 19 July 2011, indicates the applicant’s duty status changed from PDY to AWOL, effective 18 July 2011. DA Form 4187 (Personnel Action), dated 22 August 2011, indicates the applicant’s duty status changed from AWOL to DFR, effective 22 August 2011. Charge Sheet, indicates the following charges were preferred on 24 August 2011: Charge I: Violation of Article 85, for desertion from 22 August 2011 until (date incomplete), and Charge II: Violation of Article 86, for being AWOL from 18 July 2011 until (date incomplete). Report of Return of Absentee packet, dated 1 September 2011, indicates the applicant surrendered to military authorities on 1 September 2011, after an absence that began on 18 July 2011. Discharge Orders, dated 3 February 2012. i. Lost Time: 60 days (AWOL: 18 July 2011-15 September 2011) j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214 for service under current review and NPRC letter, dated 10 September 2015, with Service Request All Details document. 6. POST SERVICE ACCOMPLISHMENTS: None. 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of her discharge from general, under honorable conditions to honorable. The applicant’s available record of service, and the issues and documents submitted with her application were carefully reviewed. The applicant’s record is void of the specific facts and circumstances concerning the events which led to her 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. The applicant's contentions 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. 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. Although the applicant is scheduled for a personal appearance hearing, it still would be her 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 applicant has expressed her desire to rejoin the Service, and to have better job opportunities and veterans’ benefits, perhaps the benefits of the GI Bill. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities, or to obtain veterans’ benefits. Moreover, eligibility for veterans' 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. Based on the available 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 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 AR20150015509 4