IN THE CASE OF:  	Mr. 

      BOARD DATE:  	25 September 2013

      CASE NUMBER:  	AR20130005384
___________________________________________________________________________

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 has never had any infractions or counseling under AR 135-178. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		15 March 2013	
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			26 July 2011	
d. Reason/Authority/SPD/RE Code:	Abuse of Illegal Drugs, AR 135-178, Chapter 12-1d,  							NIF, NA	
e. Unit of Assignment:			319 TC Co, Med Trk Det 1, Savannah, GA
f. Current Enlistment Date/Term:	8 April 2006, 8 years
g. Current Enlistment Service:	5 years, 3 months, 19 days
h. Total Service:			5 years, 3 months, 19 days
i. Time Lost:				None
j. Previous Discharges:		OAD (091117-101203), HD										      (Concurrent Service)
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	88M10, Motor Transportation Operator
m. GT Score:				NIF
n. Education:				HS Graduate	
o. Overseas Service:			SWA
p. Combat Service:			Kuwait/Iraq (100111-101109)
q. Decorations/Awards:		AAM,NDSM, GWOTSM,ASR, OSR, AFRM-w/M 							Device
r. Administrative Separation Board: 	No	
s. Performance Ratings:		None
t. Counseling Statements:		None
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Army Reserves on 8 April 2006 for a period of 8 years.  He was       18 years old at the time of entry and a high school graduate.  He served in Iraq and earned an AAM, NDSM, GWOTSM, and the AFRM with “M” device.  He completed 5 years, 3 months, and 19 days of reserve service.  


SEPARATION FACTS AND CIRCUMSTANCES:

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

2.  On 24 May 2011, The Judge Advocate reviewed the administrative separation proceedings and determined that the findings and recommendations were legally sufficient.  

3.  On 8 July 2011, the separation authority, approved the applicant’s discharge IAW AR 
135-178, chapter 12-1d, Abuse of Illegal Drugs, with a characterization of service of under other than honorable conditions.  

4.  The record indicates that on 20 July 2011, Department of the Army, Headquarters, 81st Regional support Command, Fort Jackson, SC, Orders 11-201-00027, discharged the applicant from the United States Army Reserve, effective 26 July 2011, with an under other than honorable conditions discharge.  

5.  The applicant was separated on 26 July 2011, under Army Regulation 135-178, with an under other than honorable conditions discharge.           

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Discharge Orders dated, 20 July 2011.

2.  DD Form 214, covering a period of active duty service from 17 November 2009 to 
3 December 2010.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an undated DD form 293. 

POST-SERVICE ACTIVITY: 

None were provided with the application.

REGULATORY AUTHORITY:

1.  Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve.  Chapter 12 establishes policy and prescribes procedures for separating members for misconduct.  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.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  

2.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted.   

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 document and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  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.  

3.  The applicant's contends that he never had any infractions or counseling under AR 135-178.  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.

4.  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.  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:  25 September 2013     Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: 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 DD Form 214:		No
Change Characterization to:	No Change
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		NA
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)		AR20130005384



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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