Applicant Name:  ?????

Application Receipt Date: 2011/05/24	Prior Review:     Prior Review Date: 110325, denied

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to general, under honorable conditions because he never went over the the alloted number of absences with his unit and the fact that he kept the unit informed of his circumstances. He believes that an under other than honorable conditions discharge is not merited because his unit was aware of his hardship.  He requests an upgrade of his discharge to general, under honorable conditions. 

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	NIF   Date: NIF
Discharge Received: 			   Date: 090916   Chapter: NIF       AR: 135-178
Reason: NIF	   RE:     SPD: NA   Unit/Location: 824th QM Co, Fort Bragg, NC 

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 071114    Current ENL Term: NIF Years  NIF
Current ENL Service: 	01 Yrs, 10 Mos, 03 Days ?????
Total Service:  		03 Yrs, 10 Mos, 20 Days the analyst utilized the applicant's enlistment contract, NGB Form 22, DD Forms 214, and separation orders for computing the period of enlistment under review and the total service.
Previous Discharges: 	ARNG-051027-060207/NA
                                       ADT-060208-060629/HD
                                       ARNG--060630-070430/GD
                                       USARCG-070501-071113/NA
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 13D10/FA Automation Spc   GT: NIF   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None









VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances leading to the applicant's discharge from the United States Army Reserve are not contained in the available records.  On 16 September 2009, DA, HQS, 143rd CS Command Sustainment Expeditionary, Orlando, FL, Orders 09-259-00036, discharged the applicant from the United States Army Reserve, effective date:  16 September 2009, with an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank. 
       
       b.  Legal Basis for Separation:  
             Army Regulation 135-178 sets forth the 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 and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities.  The characterization is based upon the quality of the Soldier’s service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army Regulations, and the time-honored customs and traditions of the Army.  The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization.  Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized, if the Soldier is in entry-level status.  However, the permissible range of characterization varies based on the reason for separation.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records during the period of enlistment under review, the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  All the facts and circumstances pertaining to the applicant’s discharge from the United States Army Reserve are not contained in the available records.
        
       On 16 September 2009, DA, HQS, 143rd CS Command Sustainment Expeditionary, Orlando, FL, Orders     09-259-00036, discharged the applicant from the United States Army Reserve, effective date:  16 September 2009, with an under other than honorable conditions discharge.  This document identifies the characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  By the applicant's failure to perform to standards diminished the quality of his service below that meriting a general, under honorable conditions discharge.  
       
       The applicant contends that he was unfairly discharged because he did not miss as many drills and his unit was aware of his hardship.  However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that he was unjustly discharged.   The applicant’s statements alone do not overcome the government’s presumption of regularity.  Further, the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army and he has not provided any documentation to corroborate his contentions.
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that based on the discharge orders, the reason the characterization of service was both proper and equitable and recommends to the Board to deny relief.
        

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 17 April 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: American Legion, Washington, DC

Witnesses/Observers: Applicant's grandfather 

Exhibits Submitted: DD Form 149, DD Form 293, Orders, counseling statements, a self-authored statement, chronology of events, EMT certificate, FEMA certificates, EMS certificate, college record, counsel's statement, medical record, academic transcripts, and verification of unemployment.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, and notwithstanding the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh, based on the overall length and quality of the applicant's service to include his post service achievements (EMT service) and the circumstances surrounding his misconduct (evidence submitted including correspondence with his unit, transfer documents to the Regular Army, etc.), and as a result it is inequitable.  Accordingly, the Board voted to grant full relief relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it.  This action entails restoration of grade to           E-3/PFC.
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: TO: ARBA Promulgation Team. Arlington, VA
     The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Promulgation Team, Arlington, VA issue a new discharge order to the applicant which reflects the specified changes.  
RE Code: 
Grade Restoration:   No   Yes   Grade: E-3/PFC.

XI.  Certification Signature
Approval Authority:


EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board



BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20110011310
______________________________________________________________________________

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