Applicant Name:  ?????

Application Receipt Date: 2012/02/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I had signed a counseling statement. I thought that I should have received a call about a hearing. I had left a message. I never asked anyone because I was waiting for a call from counseling. My mother and I were informed that the NCOIC and 1st Line Leader for my unit should have followed up with me to guide me thru my military duties.  I had reported to a weeks annual training during the end of November.  When I reported to monthly duty in December 10-12, 2010, I had completed a full day on Friday. My Commander and 1st Sgt. told me that I had been discharged.  SGT T, in HR should have notified me of this and I should have never reported that weekend.  I evidently did not understand the process that I was going through and had been waiting to be notified of a hearing from counseling services.  I had left messages with LSO services and many times when I called, I was unable to leave messages.  The LSO mailbox would be full.  I was never contacted about a hearing and when I did know anything, I was being discharged.  I never received any follow-up support from my First Sergent or NCOIC.  I believe that a hearing was conducted without my knowledge.  I needed and wanted to be a part of this process and procedure."

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: Not in file (NIF)
Discharge Received: 			   Date: 101126   Chapter: NIF      AR: 135-178
Reason: NIF	   RE:     SPD: NIF   Unit/Location: 824th QM Co, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 070709    Current ENL Term: 8 Years  ?????
Current ENL Service: 	03 Yrs, 03Mos, 20Days ?????
Total Service:  		03 Yrs, 03Mos, 20Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 88M10/Motor Trans Opr   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed with the application

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army Reserve. On 19 November 2010, DA HQS, 81st Regional Readiness Command, Fort Jackson, SC, Orders number 10-323-00025, discharged the applicant from the Army Reserve, effective 26 November 2010, with an under other than honorable conditions characterization of service.
       
       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 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, and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  On 19 November 2010, DA HQS, 81st Regional Readiness Command, Fort Jackson, SC, Orders number 10-323-00025, discharged the applicant from the Army Reserve, effective 26 November 2010, with an under other than honorable conditions characterization of service.
       
       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, 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.  This presumption 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 a personal appearance hearing is desired, 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.
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears the reason for discharge and the characterization of service 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: 13 July 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: An online application.

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 0    No change 5
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:


ARCHIE L. DAVIS III
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 AR20120005232
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