Applicant Name: ?????
Application Receipt Date: 2012/02/01 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states: "My discharge was inequitable because it was based on one isolated incident in the two years of service with not other adverse action. I did not receive the correct guidence for handling my first failed urinalysis. I have never been in trouble before and I know that I did not commit this misdemeanor and I did not get a chance to fight for my career." Further, he states in effect, that he was never contacted about her discharge and was given wrong information. She admits that she failed a unit urinalysis and requests an upgrade of his discharge to honorable.
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: Date: NIF
Discharge Received: Date: 110507 Chapter: NIF AR: 135-178
Reason: Not in File RE: SPD: NA Unit/Location: A Co, 324th SC Bn, Greenville, SC
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 29
Current ENL Date: 091022 Current ENL Term: 8 Years ?????
Current ENL Service: 01 Yrs, 09 Mos, 15 Days ?????
Total Service: 01 Yrs, 09 Mos, 15 Days ?????
Previous Discharges: IADT 100804-100201/HD (Concurrent Service)
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 25Q10/Multichannel Trans Opr GT: NIF EDU: GED Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence shows the applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army Reserve.
On 2 May 2011, DA HQS, 81st Regional Readiness Command, Fort Jackson, SC, Orders number 11-122-00042, discharged the applicant from the Army Reserve, effective 7 May 2007, with an under other than honorable conditions discharge. The applicant was reduced to the lowest enlisted rank.
The record contains a properly constituted Order which indicates that the applicant was discharged under the provisions of AR 135-178.
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 Soldiers 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 applicants available military records for the period of enlistment under review and the issues she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.
The applicants record is void of the specific facts and circumstances concerning the events that led to her discharge from the United States Army Reserve. However, the record does contain a properly constituted Order, which indicates that the applicant was discharged from the Army Reserve, effective 7 May 2007, with an under other than honorable conditions discharge. 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.
The applicant states that she was discharged for failing a unit urinalysis and contends that she was given incorrect information and was not contacted about her discharge. She further contends having good service, and being discharged for an isolated incident for arbitrary actions of her command. However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action for the Board's consideration. It is the applicant's responsibility to meet the burden of proof since the evidence is not available in the official record.
Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears that the characterization of service was proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 20 April 2012 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: Training certificates, discharge order, three character reference letters and DD Form 214.
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 2 No change 3
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: NA
RE Code:
Grade Restoration: No Yes Grade: NA
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 AR20120002267
______________________________________________________________________________
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