DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed.
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.
The applicant seeks relief, contending, in effect, his discharge should be upgraded because he was found not guilty in a court of law for driving while impaired (DWI). The applicant believes his unit did not even give his court case a chance due to the fact that they were dismembering and they knew that this was a way to free up space. The applicant states, he was discharged before his first court date. The applicant also feels like the discharge, he received does not characterize his service at all. The applicant contends, he has all his monthly counseling statements to prove that he had positive counseling statements and not one negative counseling statement. However, 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 to support a change to the …show more content…
However, the issue the applicant submitted is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was