IN THE CASE OF:	Mr. 

      BOARD DATE:	16 April 2014

      CASE NUMBER:	AR20130013160
___________________________________________________________________________

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 upgrade the characterization of his service from under other than honorable to honorable.  

2.  The applicant states, in effect, his family moved to another state.  He informed his unit that he could not make it to drill in Georgia and asked if they could find him another unit within the vicinity of South Carolina or North Carolina.  In his self-authored statement, in pertinent part and in effect, he states that due to not having a vehicle and the lack of communication are the reasons for his unexcused absences.  He takes full responsibility for his actions.  He has the aspiration for being a Soldier because it is his long time dream. He wanted to be a part of something that he could be proud of, and given the opportunity, his decision would be to Soldier again.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	16 July 2013
	b.	Discharge Received:	Under Other Than Honorable Conditions
	c.	Date of Discharge:	3 December 2009
	d.	Reason/Authority/SPD/RE Code:	Unsatisfactory Participation, AR 135-178, paragraph 
			13-1
	e.	Unit of assignment:	319th TC Co, MED TRK DET 1, Savannah, GA
	f.	Current Enlistment Date/Term:	13 September 2006, 6 years (TPU) / 8 years (USAR)
	g.	Current Enlistment Service:	3 years, 2 months, 21 days
	h.	Total Service:	3 years, 2 months, 21 days
	i.	Time Lost:	NIF
	j.	Previous Discharges:	NIF
	k.	Highest Grade Achieved:	E-3
	l.	Military Occupational Specialty:	88M10, Motor Transport Operator
	m.	GT Score:	NIF
	n.	Education:	13 years
	o.	Overseas Service:	NIF
	p.	Combat Service:	None
	q.	Decorations/Awards:	NDSM; ASR
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	NIF
	u.	Prior Board Review:	No 

SUMMARY OF SERVICE:  

On 13 September 2006, the applicant enlisted in the US Army Reserve for a period of 8 years of which 6 years were to be served in a TPU.  He was 21 years old at the time and had a year of college.  He served a total of 3 years, 2 months, and 21 days in the US Army Reserve.  His record does not contain any significant awards or acts of valor.  He was trained in and awarded military occupational specialty (MOS) 88M10, Motor Transport Operator.  

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 his discharge from the United States Army Reserve.  

2.  The record indicates that on 3 December 2009, Department of the Army, Headquarters, 143rd CS Command Sustainment Expeditionary, Orlando, FL, Orders 09-337-00041, discharged the applicant from the United States Army Reserve, effective 3 December 2009, with an under other than honorable conditions discharge.  Orders 09-337-00040, dated 3 December 2009, also directed his reduction in grade to PV1/E-1.

3.  On 29 November 2009, the separation authority approved and directed the applicant’s discharge with an under other than honorable conditions characterization of service and his immediate reduction to PV1/E-1.  

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Discharge Orders and the separation authority’s decision memorandum, dated 29 November 2009, which indicates having reviewed the applicant’s separation packet and according to AR 135-178, Chapter 13, paragraph 3-4 (note that paragraph 13-1 is the correct cite; however, paragraph 13-4 refers to administrative board procedures).  In accordance with AR 600-8-19, paragraph 10-1d, he directed the immediate reduction to PV1/E-1 and separation with a characterization of service as UOTH conditions.

2.  There are no negative counselings or actions under the Uniform Code of Military Justice.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a self-authored statement and a copy of his discharge orders with his application. 

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 his 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 his discharge from the Army Reserve.  

2.  The applicant’s available record contains the separation authority’s decision memorandum and a properly constituted set of Orders which was authenticated by the appropriate military authority.  The documents identify the characterization of the discharge and the presumption of government regularity prevails in the discharge process absent a complete separation packet.  

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 his service mitigated the type of discharge he received from the U.S. Army Reserve.   

5.  The applicant contends the basis for his discharge was due to his family relocating to another state, lack of communication, not having transportation or a vehicle to attend to his drills, and needing to transfer to a unit within the vicinity of South Carolina and North Carolina.  His 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 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 his request for an upgrade of the discharge. 

6.  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 complete 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, 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:  16 April 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)		AR20130013160

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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