IN THE CASE OF:	Ms. 

      BOARD DATE:  	30 October 2013

      CASE NUMBER:  	AR20130007962
___________________________________________________________________________

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 to change her characterization of service from uncharacterized to fully honorable

2.  The applicant states, in effect, her discharge is improper because she served honorably for almost two years while in an entry level status.  She was unable to go to basic combat training due to her immune illness, which occurred in the summer of 2011, and subsequently, she was discharged.  However, it was not processed properly, because she continued to receive not only points during the fiscal year, but debt from the Service members Group Life Insurance. She properly addressed her chain of command about the matter.  She has since drilled every month and worked during the summer months on extra drill days and active duty.  During that period, she tried to convince the doctors to let her finish her training and none allowed her to do so because none wanted responsibility if something should happen to her during the training.  It was finally corrected and completed in December 2011, because USAREC intervened.  During this time, she did everything she was asked and even learned, accomplished, and helped her higher command because it was her duty.  She shadowed the noncommissioned officers and an officer for knowledge and leadership.  She received rewards during her enlistment and was consistently promoted until she could not be promoted anymore.   She feels that despite all the events that have occurred, she could have at least received an honorable discharge.  

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	22 April 2013
	b.	Discharge Received:	Uncharacterized
	c.	Date of Discharge:	1 March 2013
	d.	Reason/Authority/SPD/RE Code:	AR 135-178, Chapter NIF
	e.	Unit of assignment:	159th MP Bn, Terre Haute, IN
	f.	Current Enlistment Date/Term:	11 June 2009, 6 years 
	g.	Current Enlistment Service:	1 year, 8 months, 23 days
	h.	Total Service:	1 year, 8 months, 23 days
	i.	Time Lost:	NIF
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-3
	l.	Military Occupational Specialty:	None 
	m.	GT Score:	NIF
	n.	Education:	HS Graduate and some college
	o.	Overseas Service:	None
	p.	Combat Service:	None
	q.	Decorations/Awards:	NIF
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	NIF
	u.	Prior Board Review:	No 


SUMMARY OF SERVICE:  

The applicant enlisted in the Army Reserve on 9 June 2011, for a period of 6 years.  She was 18 years old at the time of entry and a high school graduate.  She served a total of 1 year, 8 months, and 23 days in the U.S. Army Reserve.  There is no record she was ever awarded a Military Occupational Specialty (MOS) or completed any active duty training.  Her record does not contain any significant awards or acts of valor.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The available evidence shows the applicant’s 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 record indicates that on 28 February 2013, Department of the Army, U.S. Army Recruiting Battalion, Indianapolis, Indianapolis, IN, Orders 13002-12, discharged the applicant from the United States Army Reserve, effective 1 March 2013, with an uncharacterized discharge.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

Discharge orders.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a portal points detail, dated 13 March 2013, with a statement of retirement points; e-mail correspondence, dated 22 and 23 May 2012, between Army Reserve Career Counselor and USAREC; doctor’s statement with medical records; 2 depictions of plaques; certificate of appreciation; undergraduate training program personal evaluation, dated 5 September 2012, with its memorandum; and 7 Military Leave and Earnings Statements for drilled periods.

POST-SERVICE ACTIVITY: 

The applicant provided none.  

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 and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  The available record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army Reserve.  

2.  The applicant’s available record contains a properly constituted Order which was authenticated by the appropriate military authority.  This document identifies the characterization of the discharge and the presumption of government regularity prevails in the discharge process.  

3.  Barring evidence to the contrary, it appears all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that her service mitigated the type of discharge she received from the U.S. Army Reserve.  

5.  The applicant contends her discharge is improper because she served honorably for almost two years.  The applicant's contentions were carefully considered.  However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service.  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.  There is no evidence in the record, nor has the applicant produced sufficient evidence, to support a change to the characterization of service granted.  The applicant’s statements alone do not overcome the presumption of government regularity and the application contains insufficient evidence in support of this request for an upgrade of the discharge.  

6.  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.

7.  The available records reflect the applicant had not completed any Individual Active Duty Training; thereby, as a USAR TPU Soldier, her separation processing was initiated while a Soldier is in entry level status.  The regulation stipulates that the character of service will be described as uncharacterized if separation processing is initiated while a Soldier is in entry level status unless an under other than honorable conditions discharge is warranted by the circumstances of the case.  An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The applicant’s service record indicates no such unusual circumstances were present and did not warrant an honorable discharge. 

8.  Therefore, based on the available evidence, it appears the reason for discharge and the characterization of service were both proper and equitable, thus recommend the Board deny relief.


SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date:  30 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)		AR20130007962

Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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