IN THE CASE OF: 	 

      BOARD DATE:  	25 September 2013

      CASE NUMBER:  	AR20130005225
___________________________________________________________________________

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 her characterization of service from under other than honorable to fully honorable.

2.  The applicant states, in effect and in pertinent part, in her self-authored statements that she thinks the discharge was due to her failure to drill or mobilize.  However, she never received orders to mobilize, but her unit by phone asked her to report to California within 24 hours.  She never received travel orders from her unit to report to California even after she went to the unit for orders that were not available.  She was informed that she would receive her orders when she arrived in California.  She knew she could not travel without orders and did not have any funds to get to California.  She asked her recruiter to accompany her to the unit.  She was told she would be receiving an Article 15 over the phone, because she refused to mobilize.  Her recruiter got involved and told the unit that it was illegal to give her an Article 15 over the phone, so she was given a counseling statement and was told to return when the unit contacted her.  The unit never contacted her and she never received any information that she was being discharged.  She was also involved in a civil rights violation court case at the university she was attending.  The court matter was not closed until late 2006.  Her grades suffered because of stress with the court event and in 2007, her roommate had also stolen her credit card that led to another legal matter through 2009.  During 2007, she was also a victim of a domestic abuse.  Despite, the initial two court events, she completed her degree in biology.  The unit not contacting her and the added stress with the two court cases led her not to attend drill.  She is now a college graduate despite all the adversities and works full time with a bank.  She is unable to obtain a federal job due to the discharge she received.  She wants a second chance and be able to find a good job.  She knows she made a mistake by not attending drill, but also knows that a UOTH discharge was not deserved.   

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	14 March 2013
	b.	Discharge Received:	Under Other Than Honorable Conditions 
	c.	Date of Discharge:	23 December 2008
	d.	Reason/Authority/SPD/RE Code:	AR 135-178 
	e.	Unit of assignment:	2290 USA Hosp 1000B, Washington, DC
	f.	Current Enlistment Date/Term:	14 September 2002, 8 years
	g.	Current Enlistment Service:	6 years, 3 months, 10 days 
	h.	Total Service:	6 years, 3 months, 10 days 
	i.	Time Lost:	NIF
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-5 
	l.	Military Occupational Specialty:	68W10, Healthcare Specialist 
	m.	GT Score:	NIF
	n.	Education:	HS Grad 
	o.	Overseas Service:	NIF
	p.	Combat Service:	NIF
	q.	Decorations/Awards:	NIF
	r.	Administrative Separation Board: 	NIF
	s.	Performance Ratings:	NIF
	t.	Counseling Statements:	NIF
	u.	Prior Board Review:	No 

SUMMARY OF SERVICE:  

The applicant enlisted in the U.S. Army Reserve on 14 September 2002, for a period of 8 years.  She was 17 years old at the time of entry and subsequently a high school graduate.  She was trained in and awarded military occupational specialty (MOS) 68W10, Health Care Specialist.  Her record documents no acts of valor or significant achievement.

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 her discharge from the United States Army Reserve.  

2.  The record indicates that on 17 December 2008, Department of the Army, Headquarters, Army Reserve Medical Command, Pinellas Park, FL, Orders 08-352-00038, discharged the applicant from the United States Army Reserve, effective 23 December 2008, with an under other than honorable conditions discharge.  There is no additional instruction.  

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There is no further evidence regarding her service under current review.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a revocation orders, dated 13 January 2006; Military Order of the Purple Heart letter, dated 12 March 2013; two separate self-authored statements, dated 7 March 2013; VA Form 21-22 (Appoint of Veterans Service Organization as Claimant’s Representative), dated 5 March 2012; District Court Information document, dated 27 March 2006; U.S. Department of Justice letter, dated 20 November 2006 with News Release, dated 27 March 2006; District Court Pretrial Diversion Agreement, dated 27 March 2006; discharge orders, dated 17 December 2008.  

POST-SERVICE ACTIVITY: 

The applicant states, in effect, she is now a college graduate and works full time with a bank.    



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, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  The service record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army Reserve.

2.  The applicant’s 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 insufficient corroborating evidence demonstrating that either the command's action was erroneous or that her service mitigated the type of discharge she received from the U.S. Army Reserve.   

5.  The applicant contends she was discharged due her failure to report for mobilization duty, because she never received physical orders to mobilize or travel orders to get to the location of mobilization, and she was not aware of being discharged.  Her contentions were carefully considered.  However, the facts and circumstances leading to the discharge are unknown.  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 her responsibility to meet the burden of proof since the discharge packet is not available in the official record. 

6.  The applicant contends that an upgrade of her discharge will allow her to obtain better employment.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

7.  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:  25 September 2013     Location: Washington, DC

Did the Applicant Testify?  No 

Counsel:  Yes

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)		AR20130005225



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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