IN THE CASE OF:
BOARD DATE: 21 May 2015
DOCKET NUMBER: AR20140016899
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, a copy of a corrected DD Form 214 (Certificate of Release or Discharge from Active Duty) which reflects the Army Discharge Review Board's (ADRB) decision to upgrade his discharge from under other than honorable conditions to honorable.
2. The applicant states, in effect:
* the ADRB decided to upgrade his discharge to honorable
* he had been discharged without due process based on alleged substance abuse
* an ADRB hearing was held on 9 December 2012 and he has attached an extracted copy of their decision
* he requests a copy of a corrected DD Form 214 which shows his upgraded discharge
3. The applicant provides:
* Board Determination and Directed Action page from ADRB decision
* one page from the ADRB Case Report and Directive which shows the summary of the ADRB hearing as well as the board vote
* Orders Number 06-319-00080, dated 15 November 2006, issued by Headquarters, 81st Regional Readiness Command
CONSIDERATION OF EVIDENCE:
1. After having prior enlisted service in the Regular Army, the applicant enlisted in the U.S. Army Reserve (USAR) on 3 November 1984. His military occupational specialty was 96D (Imagery Analyst). The highest rank/grade held was sergeant first class (SFC)/E-7.
2. Orders Number 06-319-00080, dated 15 November 2006, issued by Headquarters, 81st Regional Readiness Command shows the applicant was reduced in rank from SFC to private/E-1. It states further, effective 15 December 2006, the applicant was discharged from the USAR with an under other than honorable discharge.
3. The applicant's record is void of the specific facts and circumstances which led to his discharge from the USAR. The applicant was not in an active duty status at the time of his discharge.
4. On 9 December 2013, as a result of a hearing at which the applicant testified, the ADRB decided to upgrade the applicant's discharge to honorable. Based on that decision, the USAR issued orders reflecting that upgrade.
5. Orders Number 13-360-00004, dated 26 December 2013, issued by Headquarters, USAR Command, showed the applicant was reinstated to the rank/grade of SFC/E-7 and was given an honorable discharge.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes policies and procedures for the completion of the DD Form 214. It states, in pertinent part, a DD Form 214 is prepared for periods of active duty which are 90 days or more in length (emphasis added).
DISCUSSION AND CONCLUSIONS:
1. The applicant requests a DD Form 214 be provided to him which reflects the ADRB's decision to upgrade his discharge from under other than honorable conditions to honorable.
2. At the time of his discharge from the USAR, the applicant was not serving on active duty. The DD Form 214 is only issued for periods of active service which are more than 90 days. Based on this, a DD Form 214 would not be issued as a result of the ADRB's decision. The ADRB's action did result in orders issued by the USAR showing his upgraded discharge as well as the reinstatement of his rank/grade. This was the appropriate outcome and no further action would be required.
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) AR20140016899
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ABCMR Record of Proceedings (cont) AR20140016899
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