IN THE CASE OF:  	

      BOARD DATE:  	21 June 2013

      CASE NUMBER:  	AR20130002091
___________________________________________________________________________

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 her discharge from under other than honorable conditions to honorable.

2.  The applicant states, in effect, at the time in question she was having severe marital problems, suffering from constant domestic abuse and severe pain from the injuries; she reported the domestic abuse to her first sergeant and received no assistance.  The discharge she received is preventing her from obtaining gainful employment in the civilian world.

DISCHARGE UNDER REVIEW INFORMATION:

a.  Application Receipt Date:		25 January 2013
b.  Discharge Received:			Under Other Than Honorable Conditions
c.  Date of Discharge:			23 February 2011						                    d.  Reason/Authority/SPD/RE Code:	Unsatisfactory Participation, 135-178			
e.  Unit of assignment:			535th Military Police Battalion, Det 1, Cary, NC		 f.   Current Enlistment Date/Term:		13 May 2008, 8 years	
g.  Current Enlistment Service:		2 years, 9 months, 11 days	
h.  Total Service:				2 years, 9 months, 11 days     
i.   Time Lost:				NIF								 j.   Previous Discharges:                       	IADT-(080813-081105)/UNC										    (Concurrent Service)
k.  Highest Grade Achieved:		E-3
l.   Military Occupational Specialty:	92Y10, Unit Supply Specialist	
m. GT Score:                       		NIF	
n.  Education:                			13 years	
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:              	NIF
u.  Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the U.S. Army Reserve on 13 May 2008 for 8 years. She was 27 years old and a high school graduate, with one year of college.  She had no prior enlistments in the Reserves.  Her service record does not reflect any personally earned awards or any combat 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 her discharge from the Army Reserve.  

2.  The available evidence in the record indicates that on 16 February 2011, DA, HQS, 81st Regional Support Command, Fort Jackson, SC, Orders 11-047-00049, discharged the applicant from the U.S Army Reserve, effective 23 February 2011, with an under other than honorable conditions discharge.  The applicant was reduced to the lowest enlisted rank.

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, negative counseling statements or any actions under the Uniformed Code of Military Justice (UCMJ).

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Discharge Orders 11-047-00049, dated 16 February 2011.

2.  Enlistment/Reenlistment Document, dated 13 May 2008.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293; self-authored statement, two pages; Memorandum, Request Line of Duty Investigation for Follow up Medical Treatment; DA Form 2173 (Statement of Medical Examination and Duty Status); DA Form 3349 (Physical Profile), two pages; News Article, Fayetteville Observer, three pages; Fayetteville Police, Incident/Investigation Report; DD Form 214; and Discharge Orders 11-047-00049.

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 her discharge was carefully considered.  However, after examining the applicant’s record of service, her 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 16 February 2011, DA, HQS, 81st Regional Support Command, Fort Jackson, SC, Orders 11-047-00049, discharged the applicant from the U.S Army Reserve, effective            23 February 2011, 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 contends at the time in question she was having severe marital problems, suffering from constant domestic abuse and severe pain from the injuries; she reported the domestic abuse to her first sergeant and received no assistance.  However, she had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that she ever sought such assistance before committing the misconduct which led to the separation action under review.  

5.  A review of the available service record does not reveal any evidence of arbitrary or capricious actions by the applicant’s command.  It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   

6.  The applicant further contends the discharge she received is preventing her from obtaining gainful employment in the civilian world.  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 her 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 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: 21 June 2013     Location:  Washington, DC

Did the Applicant Testify:  No 

Counsel:  NA

Board Vote:
Character Change:  1	No Change:  4
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new Discharge Orders:		No
Change Characterization to:		No Change
Change Reason to:				No Change
Change Authority for Separation:		No Change
Change RE Code to:			No Change
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)		AR20130002091



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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