IN THE CASE OF:  	Ms. 

      BOARD DATE:  	24 January 2014

      CASE NUMBER:  	AR20130011855
___________________________________________________________________________

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 under other than honorable conditions discharge to honorable.

2.  The applicant states, in effect, she is requesting an upgrade in order to enroll in school and reenter the military after completion of college.  She enlisted on 4 December 2000 for eight years and after fulfilling six years of her enlistment she relocated to New Jersey with her spouse and was unable to drill with her unit.  She was reduced in rank and discharged on 8 September 2008.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			24 June 20013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				2 September 2008
d. Reason/Authority/SPD/RE Code:		NIF, AR 135-178, NIF
e. Unit of assignment:				4005 US Army Hospital (Aug), Lubbock, TX
f. Current Enlistment Date/Term:		4 December 2000/8 years
g. Current Enlistment Service:		NIF
h. Total Service:				NIF
i. Time Lost:					NIF
j. Previous Discharges:			NIF
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		NIF
m. GT Score:					NIF
n. Education:					HS Graduate
o. Overseas Service:				NIF
p. Combat Service:				NIF
q. Decorations/Awards:			NIF
r. Administrative Separation Board: 		NIF
s. Performance Ratings:			NA
t. Counseling Statements:			NIF
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Army Reserve on 4 December 2000 for a period of 8 years.  She was 22 years old at the time of entry and a high school graduate.  Her record is void of any significant acts of valor or achievement. 




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 that on 26 August 2008, DA HQs, Army Reserve Medical Command, Pinellas Park, Florida, Orders Number 08-239-00012, discharged the applicant from the Army Reserve, effective 2 September 2008, with an under other than honorable conditions discharge.  The applicant was also reduced to E-1/PVT by the same orders.

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 or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record contains a Reduction/Discharge Orders 08-239-00012, DA HQs, Army Reserve Medical Command, Pinellas Park, Florida, dated 26 August 2008.

2.  The record also contains an Enlistment/Reenlistment Document, dated 4 December 2000.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 17 June 2013, and Discharge/Reduction Order, Orders Number 08-239-00012, dated 26 August 2008, HQs, Army Reserve Medical Command, Pinellas Park, Florida. 

POST-SERVICE ACTIVITY: 

The applicant states she is enrolling in school. 

REGULATORY AUTHORITY:

1.  Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve.  Chapter 13 provides in pertinent part, that individuals can be separated for being an unsatisfactory participant.  Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills acrue during a 1 year period and attempts to have the Soldier respond or comply with orders or correspondence have resulted in the Soldier’s refusal to comply with orders or correspondence; or a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed.  Discharge action may be taken when the Soldier cannot be located or is absent in the hands of civil authorities in accordance with the provisions of AR 135-91, paragraph 2-18, and Chapter 3, section IV, of AR 135–178.   

2.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general discharge under honorable conditions or an honorable discharge may be granted.  

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 military records, the issues and documents 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 her discharge from the Army.  However, the record shows that on 
26 August 2008, DA HQs, Army Reserve Medical Command, Pinellas Park, Florida, discharged the applicant from the Army Reserve, effective 2 September 2008, with an under other than honorable conditions 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 to rejoin the Service and use of the GI Bill.  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.  Further, 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.  

5.  There is insufficient evidence available in the official record to make a determination upon the applicant's quality of service.  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 statements alone do not overcome the presumption of government regularity and the application contains no documentation or further 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.  Therefore, based on the available evidence and the presumption of government 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:  24 January 2014     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)		AR20130011855



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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