IN THE CASE OF:  

      BOARD DATE:  	26 June 2013

      CASE NUMBER:  	AR20130003168
___________________________________________________________________________

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.

2.  The applicant states, in effect, he was unjustly discharged.  He contends the dates that he allegedly missed drills he was under doctor's care.  In 2012 his unit was notified that his enlistment contract was in error causing him to be unable to receive a $7,500 bonus.  He requests an upgrade of his discharge for the purpose of being able to rejoin the Army and provide a great life and career for himself and his family.  He provides a detailed statement with his account of the events that led to his discharge from the Army Reserve.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			11 February 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				12 January 2013
d. Reason/Authority/SPD/RE Code:		NIF/AR 135-178
e. Unit of assignment:				712th EN Co, York, SC
f. Current Enlistment Date/Term:		18 November 2010, 6 years
g. Current Enlistment Service:		2 years, 1 month, 25 days
h. Total Service:				5 years, 11 months, 2 days
i. Time Lost:					None
j. Previous Discharges:			AFNG-891221-900604/NA											IADT-900605-910422/HD											AFNG-910423-920810/GD											    (Break-in-Service)											ARNG-000426-010424/GD										    (Break-in-Service)											RA-050228-070620/HD
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		15T10, UH-60 Helicopter Repairer
m. GT Score:					NIF
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				Iraq
q. Decorations/Awards:			ARCOM, AAM, NDSM, ICM, GWOTSM, ASR
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			None
u. Prior Board Review:				No

SUMMARY OF SERVICE:		

After serving in the Air Force Reserve, United States Army National Guard and United States Army the applicant enlisted in the United States Army Reserve on 18 November 2010, for a period of 6 years.  At the time of enlistment he was 38 years old.  The applicant's record indicates he served a period of service in Iraq during his prior period of service.  His record shows he has earned an ARCOM and an AAM.  He completed a total of 5 years, 11 months, and 2 days of military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the United States Army Reserve.  

2.  The record shows that on 7 January 2013, Department of the Army Headquarters, 81st Regional Support Command, Fort Jackson, SC, Orders 13-007-00008 discharged the applicant from the United States Army Reserve, effective date 12 January 2013, with an under other than other conditions discharge, under the provision of AR 135-178.  The applicant was reduced to the lowest enlisted rank. 

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Discharge Orders 13-007-00008, dated 7 January 2013.

2.  There are no negative counseling's or actions under the Uniform Code of Military Justice in the available records.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149, detailed chronological listing of events leading to his discharge, return to work/school release documents, dated 18 September 2011 and                 3 November 2011, letter for reason, dated 18 May 2012, a copy of his enlistment/reenlistment documents, dated 18 November 2010, and a copy of congressional correspondence.

POST-SERVICE ACTIVITY: 

None were provided 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 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.  

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 Reserve.  However, the record shows that on 7 January 2013, Department of the Army Headquarters, 81st Regional Support Command, Fort Jackson, SC, Orders 13-007-00008 discharged the applicant from the United States Army Reserve, effective date 12 January 2013, with an under other than honorable condition 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 contention about a defective enlistment contract and the allegations that he missed drills when he was under doctor's care were carefully considered.  However, a determination as to the merit of his contentions cannot be made because the facts and circumstances leading to the discharge are unknown.  Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption.  There is no evidence in the record, nor has the applicant produced any evidence, to support his contention that his enlistment contract was defective or that it was the cause for his discharge.  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.  The applicant requests a change to the characterization of his service in order to rejoin the Army.  However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service.  Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment.  

7.  Therefore, based on the available evidence and the government presumption of 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: 26 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 DD Form 214:			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)		AR20130003168



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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