IN THE CASE OF:  	

      BOARD DATE:  	31 July 2013

      CASE NUMBER:  	AR20130003483
___________________________________________________________________________

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, that he was a good Soldier and did not miss that my days of drill.  He served his country honorably.  He had an out of control commander who wanted him out by any means possible.  During his career he suffered from alcoholism and a commander tried to destroy his military career by making up lies about him by saying he suffered from depression with suicidal ideation simply because the commander did not like him.  His commander saw to it that the applicant received five unexcused absences, and although he turned in medical documentation for his absences he was told it was not enough.  He has been unemployed and homeless.  He admits he missed a few drill because he was drunk and failed his PT test.  He never went over the allowed limit for missed drills and always submitted proper documentation as to why he missed drill.  He has received help for his addiction to alcohol and has been rehabilitated and restored back to sanity.  

He would like to be granted the following: a final DD Form 214 with an enlistment code that allows him to reenlist in the Army; if his discharge is not upgraded he would like a written explanation as to why he was discharged under other than honorable conditions so he can explain it to potential employers; all of his VA benefits restored.

The reasons he needs an honorable discharge are as follows: so he can be eligible for free public transportation so he can get to work once he finds a job; he would also like an honorable discharge so he can apply for federal and state jobs.

In closing he wants to know why his retirement points are voided; and he would like to know why the DD Form 214 he has in his possession lists his characterization of service as uncharacterized instead of honorable.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		11 February 2013	
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			4 February 2012	
d. Reason/Authority/SPD/RE Code:	Unsatisfactory Participation, AR 135-178, NIF, NIF	
e. Unit of assignment:			HHC (Airborne), 478th Civil Affairs Battalion	     						Miami, FL 			
f. Current Enlistment Date/Term:	9 May 2007, 8 years
g. Current Enlistment Service:	4 years, 8 months, 26 days
h. Total Service:			4 years, 8 months, 26 days
i. Time Lost:				None
j. Previous Discharges:		IADT 070524-071012,UNC (concurrent)
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	92A10 Automated Logistical
m. GT Score:				NIF
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
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 9 May 2007, for a period of 8 years. He was      34 years old at the time of entry, a high school graduate and completed 4 years, 8 months, and    26 days of Army Reserve 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 his discharge from the Army Reserve.  

2.  The available evidence in the record indicates that on 30 January 2012, DA HQS, 81st Regional Support Command, Fort Jackson, SC, Orders number 12-030-00020, discharged the applicant from the Army Reserve, effective 4 February 2012, with an under other than honorable conditions discharge.  

3.  The record contains a properly constituted order which indicates the applicant was discharged under the provisions of AR 135-178, by reason of unsatisfactory participation, 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.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There are no UCMJ actions contained in the applicant’s available record.

EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided a DD 149 with a self-authored statement, orders 12-030-00020, and memoranda dated 21 January 2010; 1 September 2010; a Physical Evaluation Board (PEB) Proceedings, dated 20 October 2010; letter from a clinical case manager, three character references from prior service co-workers, letter of recommendation from a middle school, two letters from a community college, Bachelor of Science Degree Diploma, applicant’s resume, various civilian and military certificates, DA Form 1059, detail point listing showing points are void, and a DD Form 214.  

POST-SERVICE ACTIVITY: 

None provided by the applicant.

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 acrue 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 was carefully considered.  However, after examining the applicant’s record of service, his military records, the issues and documents 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 Army.  However, the record shows that on 30 January 2012, DA HQS, 81st Regional Support Command, Fort Jackson, SC, Orders number 12-030-00020, discharged the applicant from the Army Reserve, effective 4 February 2012, 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 his attendance and a written explanation as to why he was discharged were 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 granted.  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.  The applicant’s request for a final DD Form 214 with an enlistment code that allows him to reenlist in the Army was reviewed.  The applicant was discharged from the US Army Reserve while in an inactive TPU status, he was not on active duty; therefore, he is not eligible to receive a DD Form 214 for the period of service currently under review.  Additionally, 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.  

6.  The applicant contends he needs an honorable discharge to enhance employment and benefit opportunities; however, the Board does not grant relief for the purpose of gaining employment or enhancing employment or benefit opportunities.

7.  The applicant requested information concerning retirement points and why they are voided; however, the applicant’s issue does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization. 

8.  The applicant would like to know why the DD Form 214 he has in his possession lists his characterization of service as uncharacterized instead of honorable.  It appears the DD Form was issued to the applicant after he had completed a period of training and had accrued less than 180 days on active duty service and returned to his Army Reserve unit.  However, the applicant may apply for a review of his service concerning the DD Form 214 in question and entry level status. 

9.  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.

10.  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:   31 July 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)		AR20130003483



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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