IN THE CASE OF:	  

		BOARD DATE:  11 March 2014

		DOCKET NUMBER:  AR20130011759 


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, in effect, an upgrade of his under other than honorable conditions discharge and reinstatement of his E-4 grade. 

2.  The applicant states he made every attempt to fulfill his obligations.  The unit he was attached to failed to communicate with him and refused to respond to his requests for transfers.  He was ultimately discharged from the U.S. Army Reserve (USAR) and received the same discharge as violent criminals and drug addicts receive.  He wants an opportunity to continue his service but he cannot do so with an under other than honorable conditions discharge. 

3.  The applicant does not provide any evidence. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the USAR for 8 years on 13 November 2007.  He appears to have been assigned to the 344th Combat Support Hospital, Fort Dix, NJ.  

2.  He entered active duty for training (ADT) on 3 January 2008 and completed required training for military occupational specialty 68M (Nutrition Care Specialist).  He was released from ADT to the control of his USAR unit on 22 October 2008.  


3.  The complete facts and circumstances surrounding his discharge are not available for review with this case.  However, it appears he was assigned to the 320th Combat Support Hospital, Greensborough, NC.  His records contain an involuntary separation checklist, dated 1 August 2012, that shows his commander recommended his discharge in accordance with Army Regulation 135-178 (Enlisted Administrative Separations), chapter 13, as an unsatisfactory participant, with an under other than honorable conditions characterization of service.  The checklist has a check mark next to the notification memorandum, election of rights, counseling statements, and chain of command's recommendations.

4.  On 25 August 2012, the Commanding General, 3rd Medical Command (Deployment Support), Fort Gillem, GA, indicated he reviewed the separation packet and found the applicant did not possess the potential for useful service.  He ordered him discharged with the issuance of an under other than honorable conditions characterization of service and reduction to the lowest enlisted grade. 

5.  On 4 September 2012, Headquarters, 81st Regional Support Command, Fort Jackson, SC, published Orders 12-248-00028:

	a.  reducing the applicant from specialist (SPC)/E-4 to private/E-1, effective 4 September 2012, in accordance with paragraph 10-15 of Army Regulation 600-8-19 (Enlisted Promotions and Reductions); and 

	b.  discharging the applicant from the USAR effective 9 September 2012 in accordance with Army Regulation 135-178 with an under other than honorable conditions characterization of service. 

6.  On 15 March 2013, the Army Discharge Review Board reviewed his discharge and found it proper and equitable.  Accordingly, it denied his petition for a change in the character and/or reason for his discharge. 

7.  Army Regulation 135-178 sets policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard (ARNG) and USAR enlisted Soldiers for a variety of reasons.  Chapter 13 of this regulation states a Soldier is subject to discharge for unsatisfactory participation when it is determined that the Soldier is unqualified for further military service because the Soldier is an unsatisfactory participant and attempts to have the Soldier respond or comply with orders or correspondence have resulted in:

* the Soldier’s refusal to comply with orders or correspondence
* A notice sent by certified mail was refused, unclaimed, or otherwise undeliverable
* Verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed
* Discharge action may be taken when the Soldier cannot be located or is absent in the hands of civil authorities in accordance with the provisions of paragraph 2–18 and chapter 3, section IV, of this regulation

8.  Army Regulation 600-8-19 prescribes the enlisted promotions and reductions function of the military personnel system.  Paragraph 10-15 (Approved discharge from the service under other than honorable conditions) states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s record is void of the complete facts and circumstances that led to his discharge.  However, the available records show the applicant's immediate commander initiated separation action against him for unsatisfactory participation.  The separation authority reviewed the separation packet and found the applicant did not possess the potential for useful service.  He ordered him discharged with the issuance of an under other than honorable conditions characterization of service and reduction to the lowest enlisted grade.  His records contain a discharge and reduction order that shows he was reduced on  4 September 2012 and discharged from the USAR on 9 September 2012.  

2.  Without evidence to the contrary, the presumption of regularity prevails.  It is presumed his chain of command initiated separation action against him.  It is also presumed his separation action was accomplished in compliance with applicable regulations and there is no indication of procedural errors that would have jeopardized his rights.  The discharge proceedings were presumably conducted in accordance with applicable law and regulations at the time and the character of his service is commensurate with his overall record of military service.  The reason for discharge and the characterization of service both are presumed to be proper and equitable.

3.  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.  This is the case here.  The applicant was discharged with an under other than honorable conditions characterization of service.  His reduction was required.  
4.  There is insufficient evidence to grant the applicant 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.



ABCMR Record of Proceedings (cont)                                         AR20130011759





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130011759



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1