BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20120007251
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that her under other than honorable conditions discharge be upgraded.
2. The applicant states that according to Army Regulation 135-178, paragraph
9-6, the service of Soldiers discharged because of unsatisfactory performance will be characterized as honorable or general. She contends that based on her discharge for unsatisfactory "performance" and the above regulation her under other than honorable condition discharge was unjustified. She adds that she also received an honorable discharge from the Regular Army on 19 May 2005.
3. The applicant provides a memorandum dated 20 August 2008.
CONSIDERATION OF EVIDENCE:
1. After having had prior service in the Army National Guard (ARNG) and in the Regular Army, the applicant enlisted in the U.S. Army Reserve (USAR).
2. Headquarters, 70th Regional Readiness Command (RRC), Seattle, WA, Orders Number 07-095-0008, dated 5 April 2007, directed her reduction from the rank and grade of private (PVT)/E-2 to PVT/E-1, effective 5 April 2007.
3. The facts and circumstances surrounding her discharge from the USAR are not available; however, her Army Military Human Resource Record contains Headquarters, 70th RRC, Orders Number 07-095-0009, dated 5 April 2007, which directed her discharge from the USAR effective 5 April 2007. These orders show her type of discharge as under other than honorable conditions.
4. On 8 June 2011, the Army Discharge Review Board denied her request for a discharge upgrade.
5. She provided a memorandum, dated 20 August 2008, in which the 70th RRC Chief of Staff indicated that after reviewing the applicant's file, he came to the conclusion that she was discharged from the USAR for unsatisfactory participation.
6. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 10-15 (Other Reasons for Reduction) states that when the separation authority determines that a Soldier is to be discharged from the service under other than honorable conditions, the Soldier will be reduced to the lowest enlisted grade. Further board action is not required for this reduction.
7. Army Regulation 135-178 (ARNG and USAR Enlisted Administrative Separations) states in:
a. Chapter 13, a Soldier is subject to discharge for unsatisfactory participation when it is determined that the Soldier is unqualified for further military service because of unsatisfactory participation. Characterization of service normally will be under other than honorable conditions.
b. Paragraph 2-9a, an honorable characterization is appropriate when the quality of the SoldierÂ’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.
c. Paragraph 2-9b, if a Soldier's service has been honest and faithful, it is appropriate to characterize that service as under honorable conditions. Characterization of service as general (under honorable conditions) is warranted when significant negative aspects of the Soldier's conduct or performance of duty outweigh positive aspects of the Soldier's military record. When authorized, a characterization of under honorable conditions is awarded to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
d. Paragraph 2-9c, service may be characterized as under other than honorable conditions only when discharge is for misconduct, fraudulent entry, unsatisfactory participation, or security reasons.
8. Army Regulation 135-178, paragraph 9-6 pertains to discharges based on unsatisfactory performance.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her discharge for unsatisfactory "performance" characterized as under other than honorable conditions should be upgraded based on Army regulations.
2. The complete facts and circumstances of the events that led to her discharge are not available. However, the available evidence shows she was discharged from the USAR for unsatisfactory participation, not unsatisfactory performance as she contends. Therefore, her contention that her discharge should be upgraded based on Army Regulation 135-178, paragraph 9-6, which pertains to discharges based on unsatisfactory performance, is without merit.
3. In the absence of her complete discharge proceedings, Government regularity is presumed in this case and it is concluded that the characterization of her service was both proper and equitable.
4. Based on the foregoing, there is no basis to grant the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x_____ ___x_____ __x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ x _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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