IN THE CASE OF:	Mr. 

      BOARD DATE:	12 March 2014

      CASE NUMBER:	AR20130017191
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, and notwithstanding the Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh based on the applicant’s length of service to include his testimony and as a result it is inequitable.  Accordingly, the Board voted to grant 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 APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests to upgrade the characterization of his service from under other than honorable to general, under honorable conditions or honorable. 

2.  The applicant states, in effect, he feels he did not have a chance to serve his country, but wants a second chance to serve on active duty.  He loves the military, and wants to make it a career and prove himself for his family, friends and his country.  He is sorry for his wrong doing in the Army Reserve.  He is not giving up on getting back into the military.  His discharge was for poor performance, but it was actually for missing some drills which he could not attend because he was in school in North Dakota.  He Joined the military because of family history.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	16 September 2013
	b.	Discharge Received:	Under Other Than Honorable Conditions
	c.	Date of Discharge:	26 December 2011
	d.	Reason/Authority/SPD/RE Code:	AR 135-178 / Unsat Participent July 2011-Dec 2011
	e.	Unit of assignment:	323rd  Chemical Company (Decon), Sioux Falls, SD
	f.	Current Enlistment Date/Term:	21 March 2008, 6 years
	g.	Current Enlistment Service:	3 years, 9 months
	h.	Total Service:	3 years, 9 months
	i.	Time Lost:	NIF
	j.	Previous Discharges:	USAR (08321- 080521) / NA
			ADT-(080522-080718) / NA
			(Concurrent Service)
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	74D10, CBRN Specialist
	m.	GT Score:	NIF
	n.	Education:	High School Graduate
	o.	Overseas Service:	None (based on testimony)
	p.	Combat Service:	None (based on testimony)
	q.	Decorations/Awards:	None (based on testimony)
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	Yes (based on testimony)
	u.	Prior Board Review:	Yes, 3 May 2013

SUMMARY OF SERVICE:  

The applicant enlisted in the U.S. Army Reserve on 21 March 2008, for 6 years.  He was 17 years old at the time of entry and a high school graduate.  His record documents no acts of valor or significant achievement.  He completed 3 years and 9 months of service.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve.  

2.  The available evidence in the record indicates that on 20 December 2011, DA HQS, 88th Regional Support Command, Fort McCoy, WI, Orders number 11-354-00093, discharged the applicant from the US Army Reserve, effective 26 December 2011, with an under other than honorable conditions discharge.  The applicant was reduced to the lowest enlisted rank.

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

2.  Discharge Orders 11-354-00093, dated 20 December 2011.

3.  Enlistment/Reenlistment record, dated 21 March 2008.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a copy of his discharge orders.  Although he indicated an additional document on “Why I want back in the military,” it was not received 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 available military records, the documents and the issues 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 US Army Reserve.  However, the record shows that on 20 December 2011, DA, HQS, 88th Regional Support Command, Fort McCoy, WI, Orders number 11-354-00093, discharged the applicant from the Army Reserve, effective 26 December 2011, 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 contends he was discharged because he missed drills which he could not attend because he was in school.  However, because the facts and circumstances leading to the discharge are unknown, it could not be determined whether his contention has merit.  The burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.

5.  Further, a review of the available service record does not reveal any evidence of arbitrary or capricious actions by the applicant’s command.  It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   

6.  The applicant desires to serve in the military again.  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.
7.  Therefore, based on the available evidence and the presumption of government regularity, it appears that based on the discharge order the characterization of service was both proper and equitable, thus recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Personal Appearance     Date: 13 March 2013     Location: Washington, DC

Did the Applicant Testify?  Yes

Counsel:  None

Witnesses/Observers:  None

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional document:

	a.  A personal written statement – 1 page

2.  The applicant presented no additional contentions.

In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing.

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 DD Form 214:			No
Other:  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-4/SPC
Other: TO: ARBA Promulgation Team. Arlington, VA                               Date: 12 March 2014

     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-4/SPC

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)		AR20130017191

Page 5 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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