IN THE CASE OF:  	Ms. 

      BOARD DATE:  	9 October 2013

      CASE NUMBER:  	AR20130006838
___________________________________________________________________________

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 her discharge from uncharacterized to honorable.

2.  The applicant states, in effect, she was medically separated due to an injury acquired during basic training.

DISCHARGE UNDER REVIEW INFORMATION:

a.  Application Receipt Date:		8 April 2013
b.  Discharge Received:			Uncharacterized
c.  Date of Discharge:			26 January 2012				                    d.  Reason/Authority/SPD/RE Code:	NIF/135-178						
e.  Unit of assignment:			304th Engineer Company, 2nd Platoon, Bryan, OH	 f.   Current Enlistment Date/Term:		22 March 2010, 8 years	
g.  Current Enlistment Service:		1 year, 10 months, 5 days
h.  Total Service:				1 year, 10 months, 5 days
i.   Time Lost:				NIF								 j.   Previous Discharges:                       	IADT-(100804-101125)/UNC										    (Concurrent Service)
k.  Highest Grade Achieved:		E-1
l.   Military Occupational Specialty:	None
m. GT Score:                       		NIF
n.  Education:                			11 years
o.  Overseas Service:   			None
p.  Combat Service:      			None
q.  Decorations/Awards:           		None
r.   Administrative Separation Board:  	No
s.  Performance Ratings:              		No
t.  Counseling Statements:              	NIF
u.  Prior Board Review:			No

SUMMARY OF SERVICE:		

The applicant enlisted in the U.S. Army Reserve on 22 March 2010, for a period of 8 years.  She was 18 years old and had not completed high school at the time of entry.  She was ordered to active duty training on 4 August 2010.  She had no prior enlistments in the Reserves.  Her record does not contain any evidence of acts of valor or meritorious achievements.  








SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army Reserve.  

2.  The available evidence in the record indicates on 19 January 2012, DA, HQS, 88th Regional Support Command, Fort McCoy, WI, Orders 12-019-00027, discharged the applicant from the U.S Army Reserve, effective 26 January 2012, with an uncharacterized discharge.

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 uncharacterized.  

4.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost, negative counseling statements or any actions under the Uniformed Code of Military Justice (UCMJ).

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record contains a Discharge Orders 12-019-00027, dated 19 January 2012.

2.  The record also contains an Enlistment/Reenlistment Document, dated 22 March 2010.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, University of Michigan Health Care System, page 6 of a medical prognosis, DA Form 2173 (Statement of Medical Examination and Duty Status). and Discharge Orders 12-019-00027.

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 her discharge was carefully considered.  However, after examining the applicant’s 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 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 Reserve.  However, the record shows on 19 January 2012, DA, HQS, 88th Regional Support Command, Fort McCoy, WI, Orders 12-019-00027, discharged the applicant from the U.S Army Reserve, effective            26 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.  For USAR Soldiers, entry-level status begins upon enlistment in the USAR.  For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training.  For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT).  Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II.
The applicant had completed 3 months and 22 days of continued active service at the time she was released from active duty training; thus, she was in entry level status at the time.  

5.  An honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The service record confirms that no such unusual circumstances were present and his service did not warrant an honorable discharge.  

6.  The applicant contends she was medically separated due to an injury acquired during basic training.  This contention was carefully considered; however, there is insufficient evidence available in the official record to make a determination as to whether or not this contention has merit.  Moreover, there is a presumption of regularity in the conduct of governmental affairs.  This presumption is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption.  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 statement alone does not overcome the presumption of government regularity in this case and the application contains no documentation or further corroborating evidence in support of the request for an upgrade of the discharge.  

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 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 that 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:  9 October 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)		AR20130006838



Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1