Applicant Name:  ?????

Application Receipt Date: 2011/11/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he believes that the discharge he received was inequitable because it was based on a short period of time, less than 12 month with no other adverse actions taken on previous active duty and reserve service with the US Air Force and Oklahoma Army National Guard.  Shortly after enlisting in the Army Reserve unit, a wide range of problems began from poor or contradicting communications from the unit, family emergencies in two months, the unit failure to provide proper equipment and uniforms and other issues, which he attempted to work out with the unit commander, who at the time would not consider any other options.  Due to the circumstances beyond his control, he was unable to attend all drills and was discharged with an under other than honorable conditions discharge, which makes him no longer eligible for educational and other benefits and has an impact on his current law enforcement career.  

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: 070606   Chapter: NIF       AR: 135-178
Reason: NIF	   RE:  NIF  SPD: NIF   Unit/Location: ????? 

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:  32
Current ENL Date: 060206    Current ENL Term: 6 Years  ?????
Current ENL Service: 	1 Yrs, 4  Mos, 1  Days ?????
Total Service:  		12 Yrs, 1  Mos, 2  Days ?????
Previous Discharges: 	USAFR Entry Date-NIF-920809/NA
                                       AFAD 920810-950921/HD
                                       AFR 950922-960518/NA
                                       AFR 960519-020519/HD
                                       ARNG 030926-040925/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: NIF   GT: 109   EDU: 14 Years   Overseas: Southwest Asia   Combat: Operation Desert Shield/Desert Storm (920819-950921), (930815-940315) (prior service)
Decorations/Awards: ARAM, NDSM, SWASMDLw/1 Dev, AFGCMDL, AFOUA, (prior service) 






V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve.  However, the record does show that on 6 June 2007, Department of the Army, Headquarters, 95th Division (Institutional Training), Oklahoma City, OK, issued Orders 07-157-00007, which reduced the applicant to PV1 and discharged him from the United States Army Reserve with an effective date of: 6 June 2007, with an under other than honorable conditions discharge.  

       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 records for the period of enlistment under review, the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to the former Soldier’s discharge from the United States Army Reserve.  However, the record shows that on 6 June 2007, DA HQS, 95th Division (Institutional Training), Oklahoma City, OK, discharged the applicant from the United States Army Reserve with an effective date of: 6 June 2007, with an under other than honorable conditions discharge.  All the facts and circumstances pertaining to the applicant’s discharge are not contained in the available records and the analyst presumed government regularity in the discharge process.   
       
       The applicant's contentions were carefully considered.  However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown.  There is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. 
       
       
       
       
       
       
       
       
       
       
       Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption.  There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted.  The applicant’s statements alone do not overcome the presumption of government regularity in this case and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge.  
       
       If the applicant desires a personal appearance hearing, it is the applicant’s responsibility to meet the burden of proof since the evidence is not available in the official record.  The burden of proof remains with the applicant to provide the appropriate documents or other evidence (i.e., discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. 
       
       The analyst noted the applicant's issue about his desire to use the benefits of the GI Bill.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       Therefore, the analyst determined that the characterization of the applicant's service which he received were both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 1 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 8 November 2011, self authored statement dated 8 April 2007, NGB Form 22 for the period of service ending 25 September 2004, Certificate of Release or Discharge from the US Air Force for the period of service ending 21 September 1995, Discharge Order from the US Air Force awarding the applicant an honorable characterization of service for the period ending 19 May 2002.  




















VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.  
        
IX.  Board Decision						
Board Vote:
Character - Change 1    No change 4
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: No Change
Other: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

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














Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20110023135
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