IN THE CASE OF:  	Mr.

      BOARD DATE:  	15 July 2013

      CASE NUMBER:  	AR20120021929
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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 did not request an upgrade of his general, under honorable conditions to honorable.  

2.  The applicant states, in effect, he was forced out of the Reserves after finding a unit and drilling with it; shortly after a car crash he reported to his former unit and senior officials misused the record and did this injustice.  His case has not been investigated.  His injustice is the indebtedness to the government.

DISCHARGE UNDER REVIEW INFORMATION:

a.  Application Receipt Date:		29 November 2012
b.  Discharge Received:			General, Under Conditions
c.  Date of Discharge:			15 March 2011				                    d.  Reason/Authority/SPD/RE Code:	Unsatisfactory Participation/135-178	
e.  Unit of assignment:			HHD 314th Chemical Company (Heavy), 415th 							Chemical Brigade, Decatur, GA			          f.  Current Enlistment Date/Term:		24 April 2008, 6 years, enlistment information 								extracted from IWS personnel actions, reenlistment 							contract NIF	
g.  Current Enlistment Service:		2 years, 10 months, 22 days	
h.  Total Service:				9 years, 7 months, 13 days     
i.   Time Lost:				NIF								 j.   Previous Discharges:                       	USAR (000720-000827)/NA
 						ADT-(000828-010314)/HD											USAR-010315-070410)/GD
k.  Highest Grade Achieved:		E-4
l.   Military Occupational Specialty:	92A10, Automated Logistical Specialist	
m. GT Score:                       		NIF
n.  Education:                			HS Graduate	
o.  Overseas Service:   			NIF
p.  Combat Service:      			NIF
q.  Decorations/Awards:           		ASR
r.  Administrative Separation Board:  	No
s.  Performance Ratings:              		No
t.  Counseling Statements:              	NIF
u.  Prior Board Review:			Yes/23 January 2012/Denied

SUMMARY OF SERVICE:		

The applicant enlisted in the U.S. Army Reserve on 20 July 2000, for 8 years.  He was 20 years old and a high school graduate at the time.  He was trained in and awarded military occupational specialty (MOS) 92A10, Automated Logistical Specialist.  He reenlisted on         24 April 2008 and the period of service is not contained in the available record.  His service record does not reflect any personally earned awards or any acts of valor.  He was serving in Decatur, Georgia when he was discharged.

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 on 10 March 2011, DA, HQS, 81st Regional Support Command, Fort Jackson, SC, Orders 11-069-00013, discharged the applicant from the U.S Army Reserve, effective 15 March 2011, with a general, under 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 general, under honorable conditions.

4.  The applicant’s service record does not contain any evidence of unauthorized absences; time lost or any actions under Article 15 of the Uniform Code of Military Justice.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Discharge Orders 11-069-00013, dated 10 March 2011.

2.  Enlistment/Reenlistment Document dated 24 April 2008; however the contract is NIF.

3.  The record does not contain any negative counseling statements 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149; self-authored statement; e-mail traffic, two pages; Letter, United States Senate, with allied documents, three 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 available 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 U.S. Army Reserves.  However, the record shows on 10 March 2011, DA, HQS, 81st Regional Support Command, Fort Jackson, SC, Orders 11-069-00013, discharged the applicant from the U.S Army Reserve, effective            15 March 2011, with a general, under 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 applicant contends he was forced out of the Reserves after finding a unit and drilling with it; shortly after a car crash he reported to his former unit and senior officials misused the record and did this injustice.  However, because the facts and circumstances leading to the discharge are unknown, it could not be determined whether his contention has merit.  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.

5.  Further, the available record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   The character of the applicant’s discharge is commensurate with his overall service record.  

6.  The applicant further contends his case has not been investigated.  However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued.  

7.  The applicant also contends his injustice is the indebtedness to the U.S. Government.  This contention does not fall within the purview of the Army Discharge Review Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. 

8.  Therefore, based on the available evidence and the presumption of government regularity, it appears 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:  Personal Appearance      Date:  15 July 2013      Location:  Washington, DC

Did the Applicant Testify:  Yes

Counsel:  None

Witnesses/Observers:  Cynthia Pugh, WOC, Unite Admin 

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional documents:

     a.	Proof of unit acknowledgement

     b.	Proof of accident acknowledgement

     c.	Proof of proper complain through chain of command

2.  The applicant presented no additional contentions.











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:	No Change
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					NA






























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)		AR20120021929



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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