IN THE CASE OF:  	

      BOARD DATE:  	9 October 2013

      CASE NUMBER:  	AR20130007161
___________________________________________________________________________

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 general, under honorable condition.    

2.  The applicant states, in effect, he was a good Soldier until his injury.  He desires to receive VA benefits.  He desires to serve in the military again.

DISCHARGE UNDER REVIEW INFORMATION:

a.  Application Receipt Date:		10 April 2013
b.  Discharge Received:			Under Other Than Honorable Conditions
c.  Date of Discharge:			25 September 2011					                    d.  Reason/Authority/SPD/RE Code:	NIF, AR135-178						
e.  Unit of assignment:			C Co, 321st Military Intelligence Company, Round 							Rock, TX							 f.   Current Enlistment Date/Term:		5 June 2008, 8 years	
g.  Current Enlistment Service:		3 years, 3 months, 14 days
h.  Total Service:				3 years, 3 months, 14 days
i.   Time Lost:				NIF								 j.   Previous Discharges:                       	ADT-(080618-090205)/HD 
                                                                     (Concurrent Service)   
k.  Highest Grade Achieved:		E-3
l.   Military Occupational Specialty:	35M10, Human Intelligence Collector
m. GT Score:                       		NIF
n.  Education:                			11 years
o.  Overseas Service:   			NIF
p.  Combat Service:      			NIF
q.  Decorations/Awards:           		NDSM, ASR
r.  Administrative Separation Board:  	NIF
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 5 June 2008, for 8 years.  He was 18 years old and had not completed high school at the time. He was ordered to active duty training on 18 June 2008; he was trained in and awarded military occupational specialty (MOS) 35M10, Human Intelligence Collector.  His service record does not reflect any personally earned awards or any combat duty.  He completed 3 years, 3 months, and 14 days of service.  He was serving art Round Rock, TX when he was discharged.



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 Army Reserve.  

2.  The available evidence in the record indicates that on 18 September 2011, DA, HQS,      63rd Regional Support Command, Mountain View, CA, Orders number 11-261-00037, discharged the applicant from the U.S Army Reserve, effective 25 September 2011, 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, 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 11-261-00037, dated 18 September 2011.

2.  The record also contains an Enlistment/Reenlistment Document, dated 5 June 2008.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, and discharge orders 11-261-00037.

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 was carefully considered.  However, after examining his available 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.  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 that on 18 September 2011, DA, HQS, 63rd Regional Support Command, Mountain View, CA, Orders number 11-261-00037, discharged the applicant from the U.S Army Reserve, effective 25 September 2011, with an under other than honorable conditions discharge.  

3.  Barring evidence to the contrary, the presumption of government regularity shall prevail, as it appears 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 contends he was a good Soldier until his injury.  However, because the facts and circumstances leading to the discharge are unknown, it could not be determined whether his contention has merit.  The applicant bears the burden of presenting substantial and credible evidence to support this contention.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was he was a good Soldier until his injury.

5.  The applicant desires to receive VA benefits.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

6.  The applicant desires to serve in the military again.  However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service.  Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment.  

7.  Furthermore, 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 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:  No

Counsel:  None

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 Discharge Order:		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)		AR20130007161



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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