IN THE CASE OF: Ms.
BOARD DATE: 18 September 2013
CASE NUMBER: AR20130006238
___________________________________________________________________________
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 APPLICANTS REQUEST AND STATEMENT:
1. The applicant requests an upgrade of her discharge from uncharacterized to general, under honorable conditions or honorable.
2. The applicant states, in effect, that she needs an Honorable discharge in order to take the NC State Law Enforcement exam. She contends she was never issued a DD Form 214 or any other document confirming her discharge. She has written her prior unit twice and has not received any information.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 29 March 2013
b. Discharge received: Uncharacterized
c. Date of Discharge: 20 January 2012
d. Reason/Authority/SPD/RE: Unsatisfactory Entry Level Performance or Conduct
135-178
e. Unit of assignment: 535th MP Bn, Cary, NC
f. Current Enlistment Date/Term: 19 March 2010, 8 years
g. Current Enlistment Service: 1 year, 10 months, 2 days
h. Total Service: 1 year, 10 months, 2 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: NIF
m. GT Score: 98
n. Education: 13 years
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: None
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 United States Army Reserve on 19 March 2010, for a period of 8 years. She was 20 years old at the time of entry with one year of college. Her record documents no acts of valor or significant achievements.
SEPARATION FACTS AND CIRCUMSTANCES:
1. The applicants service record is void of the specific facts and circumstances concerning the events which led to her discharge from the United States Army Reserve.
2. The available evidence in the record indicates that on 20 January 2012, DA, HQS, 81st Regional Support Command, Fort Jackson, SC, Orders Number 12-020-00003, discharged the applicant from the United States Army Reserve, effective 20 January 2012, with an uncharacterized discharge.
3. The available 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 uncharacterized.
4. The applicants available service record does not contain any evidence of unauthorized absences or time lost.
EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:
1. Discharge Orders 12-020-00003, dated 20 January 2012.
2. The applicants available record does not contain any recorded actions under the UCMJ or counseling statements.
EVIDENCE SUBMITTED BY THE APPLICANT:
The applicant provided a DD Form 293, letter from the National Personnel Records Center, dated 5 November 2012, and two letters of support.
POST-SERVICE ACTIVITY:
None were provided by the applicant.
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 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 Soldiers 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 applicants request for an upgrade of the characterization of her discharge was carefully considered. However, after examining the applicants record of service, her 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 applicants record is void of the specific facts and circumstances concerning the events which led to her discharge from the U.S. Army Reserve. However, the record shows that on
20 January 2012, DA, HQS, 81st Regional Support Command, Fort Jackson, SC, Orders Number 12-020-00003, discharged the applicant from the United States Army Reserve, effective 20 January 2012, with an uncharacterized 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 has expressed her desire for an upgrade of her discharge for the purpose of obtaining employment as a law enforcement officer. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.
5. The applicant contends she was never issued a DD Form 214 or any other document confirming her discharge. However, Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. Paragraph 2-1a(2) specified a DD Form 214 would be prepared for members of the Army National Guard and USAR separated after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support. The applicant available record is void of any information indicating the applicant met the above requirements.
6. Evidence in the record indicates the applicant was issued a discharge order as required, indicating she was discharged effective 20 January 2012, with a characterization of service of uncharacterized.
7. If the applicant desires a personal appearance hearing, it will be her 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 Boards consideration because they are not available in the official record.
8. 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: 18 September 2013 Location: Washington, DC
Did the Applicant Testify? NA
Counsel: None
Witnesses/Observers: 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: 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) AR20130006238
Page 5 of 5 pages
ARMY DISCHARGE REVIEW BOARD (ADRB)
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