IN THE CASE OF:	

      BOARD DATE:  	3 April 2013

      CASE NUMBER:  	AR20120013794
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of his discharge from under other than honorable conditions to general under honorable conditions or honorable.  He also requests reinstatement in the Army, his rank restored; his 1st, 2nd, and 15th amendment rights were violated.     

2.  The applicant states, in effect, that he was under court order not to attend drill and his unit was aware of this; however, they took matters into their hands and discharged him from the U.S. Army Reserve. 
 
DISCHARGE UNDER REVIEW INFORMATION:
														
a.  Application Receipt Date:		    9 July 2012
b.  Discharge Received:		    Under Other Than Honorable Conditions
c.  Date of Discharge:			    1 June 2012						                    d.  Reason/Authority/SPD/RE Code:   NIF							
e.  Unit of assignment:		    256th  Combat Support Hospital, Twinsburg, OH
   f..  Current Enlistment Date/Term:       NIF	
   g.  Current Enlistment Service:	    07 years, 00 months, 16 days	
   h.  Total Service:                                 15 years, 06 months, 15 days     
   i.  Time Lost:                                        NIF	
   j.  Previous Discharges:                       USAR-18 April 1983-1 August 1983/NA
 	                                                           RA- 2 August 1983-21 July 1987/GD 
                                                                               (Break In Service)
                                                      	     ARNG-5 October 1998-29 January 2003/NA
                                                                AD-30 January 2003-20 January 2005/HD
                                                                ARNG-21 January 2005-20 April 2005/HD
                                                                               (Break In Service)
                                                                USAR-16 May 2005-30 April 2008
                                                                AD-1 May 2008-17 August 2008/HD
                                                                USAR-18 August 2008-9 March 2008/NA
                                                                AD-9 March 2009-14 December 2009/HD
                                                                USAR-15 December 2009-2 May 2010/NA
                                                                AD-3 May 2010-27 August 2010/HD
                                                                              (Concurrent Service)	
   k.  Highest Grade Achieved:                 E-4
   l.  Military Occupational Specialty:        92S10 Shower/Laundry/Clothing	
   m.  GT Score:                                        97	
   n.  Education:                                        HS Graduate	
   o.  Overseas Service:                            Germany (Prior Service) 	
   p.  Combat Service:                               None 	

   q.  Decorations/Awards:                        AAM, ARCAM, NDSM-2, GWOTSM, 
                                                                 AFRM-W/”M” DEV, NPDR, ASR, OSR, OHFSR	                 	                                                           OHAWM-2	
        r.  Administrative Separation Board:     NIF
        s.  Performance Ratings:                      None	
        t.  Counseling Statements:                    None
        u.  Prior Board Review:	No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 2 August 1983, he served for 3 years,               11 months, 20 days and was discharged for misconduct. He served in Germany during this period of service.  On 5 October 1998, he enlisted in the Army National Guard for 6 years, was 36 years old and a high school graduate; received an honorable discharge.  On 16 May 2005, he enlisted in the U.S. Army Reserve for 6 years. He was 43 years old at the time of this enlistment.  His service record reflects that he was ordered to serve on active duty four times (030130-050120, 080501-080817, 090309-091214, and 100503-100827) and each time he earned a characterization of service of honorable.  He earned an AAM, ARCAM, AFRM-W/”M” DEV.  He completed 15 years, 06 months, 15 days of service.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve.  

2.  The available evidence in the record indicates that on 25 May 2012, DA HQS, 88th Regional Support Command, Fort McCoy, WI, Orders number 12-146-00030, discharged the applicant from the Army Reserve, effective 1 June 2012, with an under other than honorable conditions discharge.  

3.  The record contains a properly constituted order which indicates the applicant was discharged under the provisions of AR 135-178, with a characterization of service of under other than honorable conditions.   

4.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  An approved Bar to Reenlistment, dated 18 May 2004.
 
2.  Discharge Orders 12-146-00030, dated 25 May 2012.
 
3.  Five DD Forms 214, (830802-870721, 030130-050120, 080501-080817, 090309-091214, and 100503-100827).
      
4.  NGB Form 22, 20 April 2005.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149, dated 9 July 2012; Pretrial-Supervision Client Requirements, 11 March 2011; Return Address; and AKO Webmail Traffic, sixteen (16) pages. 

POST-SERVICE ACTIVITY: 

The applicant did not provide any.  

REGULATORY AUTHORITY:

1.  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.  

2.  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. 

3.   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.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  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 Army.  However, the record shows that on 25 May 2012, DA HQS, 88th Regional Support Command, Fort McCoy, WI, Orders number 12-146-00030, discharged the applicant from the Army Reserve, effective 1June 2012, with an under other than honorable conditions discharge.  

3.  Barring evidence to the contrary, the presumption of government regularity shall prevail, as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  The appellant requests reinstatement in the Army, his rank restored; his 1st, 2nd, and 15th amendment rights were violated.  However, these requests do not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization

5.  If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record.

6.  Therefore, based on the available evidence and the presumption of government regularity, it appears that based on the discharge order the characterization of service was both proper and equitable, thus recommend the Board deny relief. 



SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review      Date:  3 April 2013       Location:  Washington, DC

Did the Applicant Testify?  NA 

Counsel: NA

Witnesses/Observers: NA 

Board Vote:
Character Change:  0	No Change:  5
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:	No
Change Characterization to: NA	
Change Reason to:	NA
Change Authority for Separation: NA
Change RE Code to: NA	
Grade Restoration to: NA	
Other:






Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20120013794

Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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