IN THE CASE OF:  	Mr.

      BOARD DATE:  	21 June 2013

      CASE NUMBER:  	AR20130002051
___________________________________________________________________________

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 general, under honorable conditions to honorable and a change to the narrative reason for separation.  

2.  The applicant states, in effect, he was discharged for unsatisfactory participation and it should be changed because he received a release from his reserve unit to return active duty before the end of his contract, the unit failed to take him off their roster as well as inform him of the release process.  This will affect him in the civilian world in his pursuit of a criminal justice career or if he decides to continue defending his country.

DISCHARGE UNDER REVIEW INFORMATION:
														
a.  Application Receipt Date:		22 January 2013
b.  Discharge Received:			General, Under Honorable Conditions
c.  Date of Discharge:			25 September 2012						                    d.  Reason/Authority/SPD/RE Code:	Unsatisfactory Participation/AR 135-178, Chapter 13
e.  Unit of assignment:			HHC, 359th Signal Brigade, Fort Gordon, GA		 f.   Current Enlistment Date/Term:		5 May 2011, 1 year (extension document is NIF)
g.  Current Enlistment Service:		1 year, 4 months, 21 days	
h.  Total Service:				12 years, 0 months, 2 days     
i.   Time Lost:				NIF								 j.   Previous Discharges:                       	RA-(000110-021007)/HD											RA-(021008-080525)/HD											RA-(080526-091123)/HD											RA-(091124-100820)/HD
k.  Highest Grade Achieved:		E-5
l.   Military Occupational Specialty:	92G20, Food Service Operations	
m. GT Score:                       		112	
n.  Education:                			GED Certificate	
o.  Overseas Service:   			Germany/Southwest Asia/Prior Service 	
p.  Combat Service:      			Iraq x 2 (030505-040504, 071031-080806)								Afghanistan (091107-100810) prior service (PS)
q.  Decorations/Awards:           		ARCOM-2, AAM-2, AGCM-3, NDSM, ACM-2/CS, 							ICM-W/ARWHD, GWOTEM, GWOTSM, ASR, OSR-2, 						NATOMDL (PS)
r.   Administrative Separation Board:  	NIF
s.  Performance Ratings:              		None	
t.  Counseling Statements:              	No
u.  Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army 10 January 2000, for three years.  He was 26 years old and had a high school equivalency (GED).  He was trained in and awarded military occupational specialty (MOS) 92G20, Food Service Operations.  His last reenlistment on       29 November 2009 was for a period of three years, he was 36 years old at the time.  His record also shows he served three prior combat tours and earned several awards including an ARCOM-2, AAM-2, and an AGCM-3.  He was discharged under the provisions of Chapter 6, Hardship, AR 635-200, with an honorable discharge.  The applicant enlisted in the U.S. Army Reserve on 5 May 2011 for 1 year, he was 37 years old at the time.  The document which extended him until his discharge date on 25 September 2012 is not contained in the available record.  His service record does not reflect any personally earned awards or any combat service during the period of enlistment under review.

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 U.S. Army Reserve.  

2.  The available evidence in the record indicates that on 20 September 2012, DA, HQS, 81st Regional Support Command, Fort Jackson, SC, Orders 12-264-00021, discharged the applicant from the U.S. Army Reserve, effective 25 September 2012, 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 or time lost or actions under the Uniformed Code of Military Justice (UCMJ).  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Discharge Orders 12-264-00021, dated 20 September 2012.

2.  Enlistment/Reenlistment Document, dated 5 May 2012.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application; self-authored statement; Georgia Bank and Trust Company, fax coversheet; DA Form 4187 (Personnel Action); Conditional Release/Resignations; two Memoranda, Unit Commander’s/Brigade CSM’s Recommendation for Conditional Release; DA Form 368 (Request for Conditional Release); two DA Forms 4856 (Developmental Counseling Statement); Discharge Orders 12-264-00021.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with the application.  



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 and a change to the narrative reason for separation 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 or a change to the narrative reason for separation.  

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 20 September 2012, DA, HQS, 81st Regional Support Command, Fort Jackson, SC, Orders 12-264-00021, discharged the applicant from the U.S Army Reserve, effective            25 September 2012, 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 requested a change to the narrative reason for separation.  The narrative reason for separation is governed by specific directives.  The complete facts and circumstances leading to the discharge are unknown.  The applicant bears the burden of presenting substantial and credible evidence to support his request to change the reason for his discharge.  There is no evidence in the record, nor has the applicant provided any evidence, to support the request that the reason for his discharge was improper or inequitable. 

5.  The applicant contends he was discharged for unsatisfactory participation and it should be changed because he received a release from his reserve unit to return to active duty before the end of his contract, and the unit failed to take him off the rosters as well as inform him of the release process.  However, in order for the applicant to be released from his USAR unit he would have had to enlist in the Regular Army and the record does not contain any enlistment documents to corroborate his contentions.

6.  The applicant further contends this will affect him in the civilian world in his pursuit of a criminal justice career or if he decides to continue defending his country.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

7.  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.

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: Records Review        Date:  21 June 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:	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)		AR20130002051



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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