IN THE CASE OF:	  

		BOARD DATE:	    6 March 2014

		DOCKET NUMBER:  AR20130012543 


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 his 7 November 2003 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he received an honorable discharge (HD).

2.  The applicant states he has orders from his unit showing his discharge was honorable.

3.  The applicant provides his 7 November 2003 DD Form 214 (copy 3) and U.S. Army Reserve (USAR) discharge orders, dated 23 October 2003.

CONSIDERATION OF EVIDENCE:

1.  On 12 August 2002, the applicant, a USAR specialist (pay grade E-4), voluntarily transferred from the USAR Control Group (Reinforcement) to Headquarters and Headquarters Company, 611th Quartermaster, Baltimore, Maryland.

2.  He appears to have been called to active duty in support of Operation Iraqi Freedom on 4 February 2003.

3.  With the exception of his DD Form 214 and the separation orders, the applicant’s record is devoid of documentation related to his 2003 period of active duty.  There is no documentation related to the specific facts and circumstances concerning the events which led to his discharge from active duty or from the USAR. 
4.  U.S. Army Garrison, Aberdeen Proving Ground (APG), Orders 296-0002, dated 23 October 2003, provide the following - 

* Assigned to – U.S. Army Transition Point (W4QV03) APG MD 21005-5001
* Reporting date - 7 November 2003
* Component - USAR
* Date of discharge unless changed or rescinded - 7 November 2003

5.  His 7 November 2003 DD Form 214 provides the following - 

* command assignment to which transferred – NA
* station were separated – Aberdeen Proving Ground
* 9 months and 4 days of creditable active service
* item 18 (Remarks) includes the statement that the applicant had completed the period of service for which he was ordered to active duty
* type of separation – discharge 
* character of service – under honorable conditions (general) 
* separation authority – Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12c
* narrative reason for separation – misconduct 
* separation program designator – JKQ – (commission of a serious offense)

6.  99th Regional Readiness Command, Orders 04-093-00159, dated 2 April 2004, discharged the applicant from the USAR effective 2 April 2004.  The orders state the applicant was held beyond his normal discharge date through no fault of his own.  The type of discharge is shown as honorable and his command is listed as the same command shown on his active duty separation orders.  The separation authority cited is Army Regulation 135-178 (Army National Guard and Army Reserve -Enlisted Administrative Separations), without any additional chapter or paragraph citation.

7.  On 4 October 2012, the Army Discharge Review Board denied the applicant's request for an upgrade of his character of service citing an absence of documentation and the presumption of administrative regularity. 

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  It provides the following:

	a.  Paragraph 3-7a states that an HD is a separation with honor.  The honorable characterization of service is appropriate when the quality of the Soldier’s service generally has met the standards of acceptable conduct and performance of duty.  
   b.  Only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to AD or ADT or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted.

	c.  Paragraph 3-7b states that a GD is a separation under honorable conditions issued to a Soldier whose military record was satisfactory but not so meritorious as to warrant an HD. 
   
   d.  Paragraph 14-12c states a Soldier may be discharged for the commission of a serious military or civil 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.  
   
9.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 

DISCUSSION AND CONCLUSIONS:

1.  Why the 99th Regional Readiness Command issued Orders Number 04-093-00159 of 2 April 2004 is not clear.  

2.  If the applicant were discharged on 7 November 2003, as stated on the DD Form 214, he would have had no further official military obligation or service of any type.  

3.  If he was released from active duty (not discharged) and returned to his USAR unit, then these orders would relate to his entire current period in the USAR.  As such they would have no bearing on his character of service for his period on active duty. 

4.  If he had been retained in some sort of active status following the issuance of the DD Form 214, then the characterization of service listed might have a bearing on the DD Form 214.

5.  Adding to the confusion is the fact that the DD Form 214 states the applicant completed the period of service for which he was ordered to active duty, which is not an appropriate entry if he was discharged for misconduct.  

6.  With the conflicting information on the DD Form 214, and the lack of other clarifying evidence as to what occurred in 2003/2004, it is impossible to determine whether or not the applicant's period on active duty was properly characterized.  As such, there is insufficient evidence to justify a correction of the records.

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)                                         AR20130012543





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ABCMR Record of Proceedings (cont)                                         AR20130012543



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