IN THE CASE OF:  	Mr.

      BOARD DATE:  	17 July 2013

      CASE NUMBER:  	AR20130000993
___________________________________________________________________________

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 under other than honorable conditions discharge to honorable, change to the narrative reason and RE code.

2.  The applicant states, in effect, after completing his first contract with the ARNG honorably, he spoke to a recruiter about entering active duty service.  When after reviewing the options presented to him, he determined they were not what he desired.  He declined and much later found out that he was assigned to an USAR unit far from his area and had missed countless drills.  He was not aware of this nor did he consent to this.  He spoke with the company 1SG to rectify the matter but it was too late, because he was already being processed to be discharged and the orders could not be withdrawn.   

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			2 January 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				21 December 2010
d. Reason/Authority/SPD/RE Code:		Unsatisfactory Participant, AR 135-178, 								Chapter 13, RE NIF, SPD NA
e. Unit of assignment:				814th MP Company, Arlington Heights, IL	
f. Current Enlistment Date/Term:		6 October 2006, 6 years
g. Current Enlistment Service:		4 years, 2 months, 16 days
h. Total Service:				6 years, 11 months, 13 days
i. Time Lost:					None
j. Previous Discharges:			ARNG (040109-040830), NA									ARNG (040831-050128), HD									ARNG (050129-061005), GD									(Concurrent Service)
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		11B10, Infantryman
m. GT Score:					98
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			NDSM, ASR
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			No
u. Prior Board Review:				No
v. 
SUMMARY OF SERVICE:		
	
The applicant served in the ARNG and was assigned to the USAR.  The applicant initially enlisted in the ARNG for 6 years.  He was 18 years old at the time of entry.  He served for a total of 6 years, 11 months, and 13 days of active and inactive service and attained the rank of PFC/E-3.  His record does not contain any significant awards or acts of valor.

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 14 December 2010, Department of the Army, Headquarters, 88th Regional Support Command, Fort McCoy, WI, Orders 10-348-00135, discharged the applicant from the United States Army Reserve, effective 21 December 2010, with an under other than honorable conditions discharge.  The “additional instructions” paragraph of the said order makes reference to the Soldier being reduced to E-1, pursuant to the discharge characterization of service as an under other than honorable discharge.    

3.  The applicant was separated on 21 December 2010, under Army Regulation 135-178, Chapter 13, with an under other than honorable conditions discharge.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A Company Grade Article 15, dated 2 April 2006, for AWOL (051104 051105).  The punishment imposed consisted of a reduction to the grade E-2.

2.  There are no other negative counseling statements for failure to report for training or unexcused absences with the exception for the Article 15.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application with his account of the events that led to his discharge from the USAR, a DD Form 214 and discharge orders.  

POST-SERVICE ACTIVITY: 

None provided with the application.

REGULATORY AUTHORITY:

1.  Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve.  Chapter 13 provides in pertinent part, that individuals can be separated for being an unsatisfactory participant.  Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills accrued during a 1 year period and attempts to have the Soldier respond or comply with orders or correspondence have resulted in— the Soldier’s refusal to comply with orders or correspondence; or a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed.  Discharge action may be taken when the Soldier cannot be located or is absent in the hands of civil authorities in accordance with the provisions of AR 135-91, paragraph 2-18, and Chapter 3, section IV, of AR 135–178.   

2.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general discharge under honorable conditions or an honorable discharge may be granted.  

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, a change to the narrative reason, and RE code.  However, after examining the applicant’s record of service, his military records, the document and the issues submitted with the application, there are insufficient mitigating factors to merit the applicant’s requests.    

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 14 December 2010, Department of the Army, Headquarters, 88th Regional Support Command, Fort McCoy, WI, Orders 10-348-00135, discharged the applicant from the United States Army Reserve, effective 21 December 2010, 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 applicant's contentions about not being informed that he was placed in the USAR and was done so without notification was carefully considered.  However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service.  There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service, the narrative reason or RE code.  The applicant’s statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge.  

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 the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

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

Did the Applicant Testify?  No

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:	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)		AR20130000993



Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1