IN THE CASE OF:	Ms. 

      BOARD DATE:	4 June 2014

      CASE NUMBER:	AR20130015115
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review and considering the examiner’s 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 her service from general, under honorable conditions to fully honorable.

2.  The applicant states, in effect, her drug use was a one-time event and that an upgrade would allow her to both clear a military debt and receive some education benefits.  She states her chain of command wanted to retain her but was over-ruled and that she was a good Soldier.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	15 August 2013
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	27 October 2011
	d.	Reason/Authority/SPD/RE Code:	AR 135-178
	e.	Unit of assignment:	305th MP Co, Wheeling, WV
	f.	Current Enlistment Date/Term:	7 August 2008, 8 years
	g.	Current Enlistment Service:	3 years, 2 months, 21 days
	h.	Total Service:	3 years, 2 months, 21 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	31B10, Military Police
	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:	Yes
	u.	Prior Board Review:	No



SUMMARY OF SERVICE:

The applicant enlisted in the U.S. Army Reserve on 7 August 2008, for a period of 8 years.  She was 17 years old at the time of entry and a high school graduate.  She was trained in and awarded military occupational specialty (MOS) 31B10, Military Police.  Her record documents no acts of valor or significant achievement.  She completed 3 years, 2 months, and 21 days of reserve service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record provided by the applicant shows that on 5 June 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 12-1c, AR 135-178, by reason of misconduct for commission of a serious offense—for submitting a urinalysis test on 4 April 2011, that indicate she ingested an illegal drug, THC.  The notification memorandum was not authenticated by the commander.

2.  The unit commander recommended a general, under honorable conditions discharge and advised the applicant of her rights.

3.  The evidence provided by the applicant indicates that on 5 June 2011, she consulted with legal counsel and made no further election of rights.  

4.  There is no further record of the subsequent chain of command’s recommendations and/or the separation authority’s decision memorandum.

5.  According to the evidence provided by the applicant, a properly constituted orders indicate that on 20 October 2011, DA HQS, 99th Regional Support Command, Fort Dix, NJ, Orders Number 11-293-00029, discharged the applicant from the Army Reserve, effective 27 October 2011, with a general, under honorable conditions characterization of service.  The applicant was discharged as a SPC/E-4

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There are no counseling statements or UCMJ actions in the record.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a self-authored statement; discharge orders, dated 20 October 2011; birth certificate; social security card; memorandum, dated 5 June 2011, subject: Notification of Separation Proceedings Under AR 135-178; counseling statement, dated 6 June 2011; Rights Warning Procedure/Waiver Certificate, dated 6 June 2011; applicant’s response with election of rights, dated 5 June 2011; USMC certificate of contamination, dated 16 May 2011; seven training certificates, dated 27 April 2011, 1 September 2011, 2 September 2011, and 11 August 2011; mobilization orders, dated 29 June 2011; two letters, dated 19 and 20 October 2011, rendered by a treatment center; character reference statement, undated/unsigned; applicant’s self-authored statement regarding her positive urinalysis; congressional correspondence packet, dated 28 November 2011; discharge orders, dated 6 October 2011; IWS – TAPDB-R, dated 26 August 2013; and Chronological Statement of Retirement Points, dated 26 August 2013. 

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.

ANALYST’S 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, her military records, and 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 the former Soldier’s discharge from the Army.  However, the record she provided shows that on 20 October 2011, DA HQS, 99th Regional Support Command, Fort Dix, NJ, discharged the applicant from the Army Reserve, effective 27 October 2011, with a general, 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's contentions of being unfairly discharged were carefully considered.  However, 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 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 documentation or further evidence in support of this request for an upgrade of the discharge.  

5.  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 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.

6.  Insofar as her contentions regarding an upgrade would allow her to receive benefits, such as for school and an option to reenlist in the military service, 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.  Furthermore, if reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.

7.  Therefore, absent a complete discharge packet, and 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:  Record Review     Date:  4 June 2014      Location:  Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

Witnesses/Observers:  No 

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 Discharge Order	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)		AR20130015115

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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