IN THE CASE OF:  

      BOARD DATE:  	27 September 2013

      CASE NUMBER:  	AR20130005896
___________________________________________________________________________

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 discharge from under other than honorable conditions to honorable and a change to the narrative reason for separation.  

2.  The applicant states, in effect, he joined the U.S. Army Reserve in August of 2010; he immediately left for Iraq as a civilian contractor.  He informed his chain of command and was told a packet would be done to place him on the IRR and this packet was never completed; he was eventually discharged from the USAR for not attending drill.

DISCHARGE UNDER REVIEW INFORMATION:
														
a.  Application Receipt Date:		21 March 2013
b.  Discharge Received:			Under Other Than Honorable Conditions
c.  Date of Discharge:			5 October 2012				                    d.  Reason/Authority/SPD/RE Code:	NIF
e.  Unit of assignment:			2-334th Regiment (BCT), Granite City, IL		 f.   Current Enlistment Date/Term:		20 July 2010, terminal date of Reserve obligation 							21 January 2013
g.  Current Enlistment Service:		2 years, 2 months, 16 days	
h.  Total Service:				7 years, 8 months, 3 days     
i.   Time Lost:				NIF								 j.   Previous Discharges:                       	RA-(050203-090304)/HD											USARCG-090404-100719)/NA
k.  Highest Grade Achieved:		E-5
l.   Military Occupational Specialty:	11C20, Indirect Fire Infantry
m. GT Score:                       		91
n.  Education:                			HS Graduate
o.  Overseas Service:   			Southwest Asia/Prior Service (PS)
p.  Combat Service:      			Iraq x 2 (050921-060828), (070927-081016)
q.  Decorations/Awards:           		ARCOM-2, AAM, NDSM, ICM-W/CS, GWOTEM 							GWOTSM, ASR, OSR-2, CIB (all PS)
r.   Administrative Separation Board:  	NIF
s.  Performance Ratings:              		No
t.  Counseling Statements:              	No
u.  Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army 3 February 2005, for 3 years and 19 weeks.  He was 20 years old and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 11C20, Indirect Fire Infantry.  He was retained in service 264 days for the convenience of the government per VOCO.  He was discharged on 3 March 2009 with an honorable discharge.  He was transferred to the USARCG on 4 March 2009 to complete his Reserve obligation and he was 24 years old at the time.  His record also shows he served two prior combat tours and earned several awards including two ARCOMs and an AAM.  He was honorably discharged under the provisions of Chapter 4, AR 635-200, after completing his required service.  His service record for the period under review does not reflect any personally earned awards or combat service.  He was serving at Granite City, IL when his discharge was initiated.

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 U.S. Army Reserve.  

2.  The available evidence in the record indicates that on 28 September 2012, DA, HQS, 88th Regional Support Command, Fort McCoy, WI, Orders 12-272-00074, discharged the applicant from the U.S. Army Reserve, effective 5 October 2012, with an under other than honorable conditions discharge.  The applicant was reduced to the lowest enlisted rank.

3.  The record contains a properly constituted order which indicates the applicant was discharged under the provisions of AR 135-178, 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, time lost or actions under the Uniformed Code of Military Justice (UCMJ).  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Reduction/Discharge Orders 12-272-00074, dated 28 September 2012.

2.  Reassignment Orders C-07-010696, dated 21 July 2010.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application.

POST-SERVICE ACTIVITY: 

The applicant did not provide any 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 and a change to the narrative reason for separation was carefully considered.  However, after examining the applicant’s record of service, his available military records, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or a change to the narrative reason for separation.  

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 Reserves.  However, the record shows on 28 September 2012, DA, HQS, 88th Regional Support Command, Fort McCoy, WI, Orders 12-272-00074, discharged the applicant from the U.S. Army Reserve, effective             5 October 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 requested a change to the narrative reason for separation.  The narrative reason for separation is governed by specific directives.  The complete facts and circumstances leading to the discharge are unknown.  The applicant bears the burden of presenting substantial and credible evidence to support his request to change the reason for his discharge.  There is no evidence in the record, nor has the applicant provided any evidence, to support the request that the reason for his discharge was improper or inequitable. 

5.  The applicant contends he informed his chain of command regarding his overseas employment and was told a packet would be completed to place him in the IRR, this packet was never completed and he was eventually discharged from the USAR for not attending drill.
The applicant bears the burden of presenting credible evidence to support this contention.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention he was being placed in the IRR.
6.  Further, the available record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   The character of the applicant’s discharge is commensurate with his overall service record.  

7.  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.

8.  Therefore, based on the available evidence and the presumption of government regularity, it appears based on the discharge order the characterization of service was both proper and equitable, thus recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review      Date:  27 September 2013   Location:  Washington, DC

Did the Applicant Testify:  No 

Counsel:  NA

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)		AR20130005896



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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