IN THE CASE OF: Ms.
BOARD DATE: 23 August 2013
CASE NUMBER: AR20130010242
___________________________________________________________________________
Board Determination and Directed Action
After carefully examining the applicants record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the characterization of service was too harsh based on the applicants overall length and quality of her service and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined the reason for discharge was proper and equitable and voted not to change it.
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 under other than honorable conditions discharge to honorable.
2. The applicant did not provide any issues of equity or propriety to be considered by the Board.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 24 May 2013
b. Discharge Received: Under Other Than Honorable Conditions
c. Date of Discharge: 4 February 2013
d. Reason/Authority/SPD/RE Code: Misconduct-Commission of a Serious Offense, AR 135-178, Chapter 12-1c, NIF, NA
e. Unit of Assignment: 3d Human Resources Sustainment Ctr, Jackson, MI
f. Current Enlistment Date/Term: 22 May 2007, 8 years
g. Current Enlistment Service: 5 years, 8 months, 13 days
h. Total Service: 5 years, 8 months, 13 days
i. Time Lost: None
j. Previous Discharges: IADT (070713-071122), UNC
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: 42A10, Human Resources Specialist
m. GT Score: 90
n. Education: HS Graduate
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: NDSM, ASR
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 US Army Reserve (USAR) on 22 May 2007, for a period of 8 years. She was 17 years old at the time of entry and a high school graduate. A memorandum from the 3d Human Resources Center, dated 3 November 2012, indicates the applicant was awarded an ARCOM, AAM and an ARCAM. The applicant served for a total of 5 years, 8 months and 13 days.
SEPARATION FACTS AND CIRCUMSTANCES:
1. On 14 September 2012, the commander, 143d Sustainment Command, notified the applicant of initiation of separation action under Army Regulation 135-178, paragraph 12-1c, for misconduct-commission of a serious offense; specifically for disobeying a lawful order from a commissioned officer by failing to provide a urine sample as ordered.
2. Based on the above misconduct, the commander recommended an under other than honorable conditions discharge and advised the applicant of her rights. Further, the commander advised the applicant he was suspending the processing of the discharge action for 45 days, to allow her the opportunity to exercise her rights and consult with legal counsel.
3. The record does not contain the applicants election of rights; however, it contains a US Postal Certified Mail Receipt dated 15 September 2012, in which the applicant acknowledged receipt of the correspondence. The senior intermediate level commanders recommended the applicants separation with an under other than honorable conditions discharge.
4. On 21 January 2013, the separation authority, waived further rehabilitation and directed the applicants discharge with a characterization of service of under other than honorable conditions.
5. The applicant was separated on 4 February 2013, under Army Regulation 135-178, paragraph 12-1c, for misconduct-commission of a serious offense, with an under other honorable conditions discharge.
6. The applicants record contains no evidence of lost time.
EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:
The record contains sworn statements relating to the applicant's unsatisfactory performance during a urinalysis, to include her taking actions to contaminate her sample and her departure from the unit without authorization before completing the urinalysis. It also includes proof of
the unit properly serving her with the intent to separate her, her unsigned acknowledgment of rights and unsigned request for a conditional waiver.
EVIDENCE SUBMITTED BY THE APPLICANT:
The applicant provided an online application.
POST-SERVICE ACTIVITY:
None provided with the application.
REGULATORY AUTHORITY:
1. Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 12 establishes policy and prescribes procedures for separating members for misconduct. 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. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted.
2. Army Regulation 135-178, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the members service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual.
3. The regulation also provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldiers separation specifically allows such characterization.
DISCUSSION AND RECOMMENDATION:
1. The applicants request for an upgrade of the characterization of her discharge was carefully considered.
2. After examining the applicants record of service, her military records, and her application, there are mitigating factors to merit a partial upgrade of the applicant's discharge to general, under honorable conditions for the following reasons:
a. The applicants record contains no additional misconduct other than the one that caused her discharge from the USAR.
b. Her record indicates she served for 5 years and 8 months of an 8-year term of enlistment thus the preponderance of her service was honorable.
3. This recommendation is made after full consideration of all of the applicants faithful and honorable service, as well as the record of misconduct. The evidence in this case supports a conclusion the applicants characterization of service was too harsh and as a result it is inequitable.
4. In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable.
SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:
Type of Hearing: Records Review Date 23 August 2013 Location: Washington, DC
Did the Applicant Testify? NA
Counsel: None
Witnesses/Observers: NA
Board Vote:
Character Change: 3 No Change: 2
Reason Change: 0 No Change: 5
(Board member names available upon request)
Board Action Directed:
Issue a new Discharge Order: Yes
Change Characterization to: General, Under Honorable Conditions (GD)
Change Reason to: NA
Change Authority to: NA
Change RE Code to: NA
Grade Restoration to: E-3/PFC
TO: ARBA Promulgation Team, Arlington, VA 23 August 2013
The Army Discharge Review Board, under the provisions of Title 10, United States Code, Section 1553, in the case of the applicant named in page 1, directs the ARBA Promulgation Team, Arlington, VA to issue a new discharge order to the applicant which reflects the following directed changes:
( X ) Change characterization of discharge to General, Under Honorable Conditions.
( X ) Restoration of grade to E-3/PFC
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) AR20130010242
Page 5 of 5 pages
ARMY DISCHARGE REVIEW BOARD (ADRB)
CASE REPORT AND DIRECTIVE
1
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