IN THE CASE OF:  	Mr.

      BOARD DATE:  	17 April 2013

      CASE NUMBER:  	AR20120022556
___________________________________________________________________________

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 to upgrade his characterization of service from under other than honorable to fully honorable.

2.  The applicant states, in effect, that he had child custody issues as a single parent and divorced in 2005.  A lack of a family care plan overshadowed his drill attendance at the time.  He attaches a self-authored statement that extensively details the events that led to his discharge.  As of September 2012, all of his children are of age to choose who they wish to live with if he is to deploy.
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	10 December 2012
	b.	Discharge Received:	Under Other than Honorable Conditions
	c.	Date of Discharge:	14 April 2011
	d.	Reason/Authority/SPD/RE Code:	NIF
	e.	Unit of assignment:	HHC 404 CA BN (ABN), Fort Dix, NJ
	f.	Current Enlistment Date/Term:	16 January 2007 / term NIF (USAR)
	g.	Current Enlistment Service:	4 years, 2 months, 29 days
	h.	Total Service:	20 years, 4 months, 9 days
	i.	Time Lost:	NIF
	j.	Previous Discharges:	ARNG (850408-860706) / HD (NGB Form 22)
			IADT   (860707-861007) / UNC (DD Form 214) 
			USAR (900405-940126) / NA  
			USAR (940127-970226) / NA  
			ARNG (970227-010126) / HD (ETS / NGB Form 22)
			ARNG (010127-050327) / HD (ETS / NGB Form 22)
			ARNG (020328-030129) / NA
			ADT    (030130-040209) / HD (Per DD Form 214)
			USAR (040210- 050815) / NA  
			ARNG (050816-070115) / HD (dependency/hardship 
			/ NGB Form 22)
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	42A10, Administrative Specialist
	m.	GT Score:	NIF
	n.	Education:	HS Graduate
	o.	Overseas Service:	NIF
	p.	Combat Service:	NIF
	q.	Decorations/Awards:	AAM 
	r.	Administrative Separation Board: 	NIF
	s.	Performance Ratings:	None
	t.	Counseling Statements:	NIF
	u.	Prior Board Review:	No


SUMMARY OF SERVICE:		

The applicant enlisted in the USAR and/or Army National Guard according to his NGB Form 22 on 24 August 1985 for a period of 8 years.  He was 17 years old at the time of entry and a high school graduate.  The record reflects he has earned an AAM.  There is no record of any overseas service.  He has 20 years, 9 months, and 4 days of total service in USAR, ADT, and ARNG.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The available evidence shows 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.  

2.  The record indicates that on 7 April 2011, Department of the Army, Headquarters, 99th Regional Support Command, Fort Dix, NJ, Orders 11-097-00091, discharged the applicant from the United States Army Reserve, effective 7 April 2011, with an under other than honorable conditions discharge.  There is no “additional instructions” paragraph of the said order.  

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There is no derogatory information in the applicant’s record.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 293, dated 2 December 2012 w/self-authored statement; discharge orders, dated 7 April 2011 for service under current review; a copy of his resume; NGB Forms 22, dated 15 February 2007, 27 March 2005, 26 February 2001, 4 April 1990; DD Forms 214, dated 9 February 2004, 7 October 1986; Retirement Points History Statement; ARCOM, dated 5 April 2009; Order awarding the Maryland National Guard Outstanding Unit Ribbon, dated 19 February 2004; PQR, dated 17 November 2006.

POST-SERVICE ACTIVITY: 

The applicant provided none. 

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, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  The service record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve.  

2.  The applicant’s record contains a properly constituted Order which was authenticated by the appropriate military authority.  This document identifies the characterization of the discharge and the presumption of government regularity prevails in the discharge process.  

3.  Barring evidence to the contrary, it appears all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  The applicant provided insufficient evidence demonstrating that either the command's action was erroneous or that his service mitigated the type of discharge he received from the U.S. Army Reserve.   

5.  The applicant contends he had custodial issues for five children, which led him to not participating in his drills.  His contentions were carefully considered.  However, the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the discharge packet is not available in the official record. 

6.  Therefore, based on the available evidence, it appears the reason for discharge and the characterization of service were both proper and equitable, thus recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: 	Records Review	  Date: 17 April 2013     Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

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:	No Change
Change Reason to:		No Change
Change Authority for Separation:	N/A
Change RE Code to:	N/A
Grade Restoration to:	N/A
Other:	N/A















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)		AR20120022556



Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1