IN THE CASE OF:  	

      BOARD DATE:  	28 June 2013

      CASE NUMBER:  	AR20130002466
___________________________________________________________________________

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 general, under honorable conditions or honorable.

2.  The applicant states, in effect, his discharge should be upgraded, because he had surgery on his patella, and was in a cast for several months and immobile.  His unit was contacted about his accident, the date of surgery, and the time period he would be out from drill.  He did not receive a DD Form 214 when he was discharged.  No one informed him of the reason for his discharge or tried to help him.  He feels that it is not right for the type of characterization he received for having surgery and he could not participate in drills.  He was discharge after his surgery—his surgery was in February 2010.  He would like his discharge upgraded to at least a general, under honorable conditions, so that he may reenlist.  

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	1 February 2013
	b.	Discharge Received:	Under Other than Honorable Conditions
	c.	Date of Discharge:	4 June 2010
	d.	Reason/Authority/SPD/RE Code:	AR 135-178
	e.	Unit of assignment:	894 Quartermaster Company, 3rd Platoon, 143rd 
			Sustainment Command, Fort Rucker, AL
	f.	Current Enlistment Date/Term:	9 February 2007, 8 years
	g.	Current Enlistment Service:	3 Years, 3 months, 16 days
	h.	Total Service:	3 Years, 3 months, 16 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	92F, Petroleum Supply Specialist
	m.	GT Score:	NIF
	n.	Education:	HS Graduate
	o.	Overseas Service:	NIF
	p.	Combat Service:	NIF
	q.	Decorations/Awards:	ARCAM-2
	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 U.S. Army Reserve on 9 February 2009 for a period of 8 years.  He was 25 years old at the time of entry and a high school graduate.  The record is void of any overseas assignment, but was awarded his second Army Reserve Components Achievement Medal (ARCAM).  He completed 3 years, 3 months, and 16 days in USAR.

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 24 May 2010, Department of the Army, Headquarters, 81st Regional Support Command, Fort Jackson, SC, Orders 10-144-00032, discharged the applicant from the United States Army Reserve, effective 24 May 2010, with an under other than honorable conditions discharge.  He was reduced to the lowest enlisted grade, E-1, effective 24 May 2010.  

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

Reduction to the lowest enlisted grade and discharge orders, dated 24 May 2010.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a copy of his separation orders and medical record regarding his surgery, dated 24 March 2010.

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 and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  The available 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 available 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 no independent corroborating 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 surgery, and was in a cast for several months and immobile, and that he was not informed of the reason for his discharge or no one from his unit tried to help him.  In addition, the applicant contends his unit was informed about his accident, date of surgery, and the time frame he would be out, and indicated he had surgery in February 2010.  The operative report he submitted shows he was admitted for surgery and discharged on 24 March 2010, and he was separated from the Reserve on 24 May 2010.  However, the facts and circumstances leading to the discharge are unknown, and the circumstantial facts of the events following his surgery are not available.  Furthermore, the presumption of regularity in the conduct of governmental affairs shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he may have been unjustly discriminated.  The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge.  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.  The applicant contends that he did not receive a discharge certificate.  However, the creation of discharge certificates is not within the purview of the Army Discharge Review Board.  A copy of the appropriate discharge certificate may be acquired by submission of a Standard Form 180 (obtained online or from a local military installation) to the applicable address:  Former active duty Army and Reserve Personnel:  National Personnel Records Center (Military Personnel Records), 9700 Page Boulevard, St Louis, MO  63132.  Former National Guard personnel: contact the State National Guard Office for assistance.  The National Personnel Records Center will not recreate a lost, stolen, or misplaced certificate of discharge.  The Center will only create an initial certificate for personnel who have not previously received a certificate of discharge.

7.  The applicant desires to reenlist in the military.  However, if reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers, if appropriate.

8.  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:  28 June 2013       Location: Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

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 Discharge Order:		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)		AR20130002466



Page 2 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1