IN THE CASE OF:  	Ms. 

      BOARD DATE:  	23 April 2014

      CASE NUMBER:  	AR20130013891
___________________________________________________________________________

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 uncharacterized discharge to honorable.

2.  The applicant submitted no issues of equity or propriety for the board’s consideration.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			29 July 2013
b. Discharge Received:			Uncharacterized
c. Date of Discharge:				21 September 2004
d. Reason/Authority/SPD/RE Code:		AR 135-178, Chapter NIF
e. Unit of assignment:				HHC, 411 Engineer Brigade, New Winsor, NY	
f. Current Enlistment Date/Term:		29 May 2003, 6 years
g. Current Enlistment Service:		1 year, 3 months, 23 days
h. Total Service:				1 year, 3 months, 23 days
i. Time Lost:					None
j. Previous Discharges:			NIF
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		92G10, Food Service 
m. GT Score:					NIF
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			NIF
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			No
u. Prior Board Review:				No

SUMMARY OF SERVICE:		
	
On 3 May 2007, the applicant joined the Army Reserve for a period of 6 years.  She was 30 years old at the time and a high school graduate.  She had served a total of 1 year, 6 months and 23 days in the US Army Reserve when she received her discharge.  Her available 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 21 September 2004, Department of the Army, Headquarters, 77th US Army Regional Readiness Command, Fort Totten, NY, Orders 04-265-00029, discharged the applicant from the United States Army Reserve, effective 21 September 2004, 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 order.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided no documentation in support of her request.

POST-SERVICE ACTIVITY: 

None provided 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 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's contentions about wanting an upgrade of her uncharacterized discharge to honorable was carefully considered.  However, it is not possible to determine if this contention has merit because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the applicant to provide the appropriate documents or other evidence (i.e. discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will be her responsibility to meet this burden of proof since the evidence is not available in the official record.

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

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date:  23 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)		AR20130013891



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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