IN THE CASE OF:  	Ms. 

      BOARD DATE:  	14 March 2014

      CASE NUMBER:  	AR20130020628
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review, hearing her testimony, and notwithstanding the Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh based on the circumstances surround the discharge (relocating as a military dependent outside 50 mile radius), 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.  This action entails restoration of grade to E-4/SPC.


      
      
      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 discharge from under other than honorable to general, under honorable conditions or to honorable and a change to the narrative reason for discharge.

2.  The applicant states, in effect, that she was unjustly discharged.  She contends she married an active duty Army service member and relocated to Fort Gordon, Ga.  She informed her unit administrator (UA) she was moving and was told she needed to speak with a transfer officer of her unit.  She made all attempts possible and received no help or assistance in being transferred to a new unit.  She believes her discharge was inequitable and should now be upgraded.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		12 November 2013
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			28 August 2010
d. Reason/Authority/SPD/RE Code:	NIF/135-178
e. Unit of assignment:			88th MP Co, Fort Eustis, VA
f. Current Enlistment Date/Term:	27 September 2007, 6 years
g. Current Enlistment Service:	2 years, 11 months, 2 days
h. Total Service:			2 years, 11 months, 2 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:		None
u. Prior Board Review:			No
SUMMARY OF SERVICE:

The applicant enlisted in the United States Army Reserve (USAR) on 27 September 2007, for a period of 6 years.  She was 18 years old at the time of entry and a high school graduate.  Her record indicates she achieved the rank of SPC/E-4.  The record does not contain any evidence of acts of valor or meritorious achievements. 

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 USAR.  

2.  The available evidence in the record indicates that on 28 July 2010, DA, HQS, 99th Regional Support Command, Fort Dix, NJ, Orders Number 10-209-00002, discharged the applicant from the USAR, effective 28 July 2010.  The applicant was discharged under the provisions of AR 135-178.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Discharge Orders 10-209-00002, dated 28 July 2010.

2.  The applicant's available record does not contain any recorded actions under the UCMJ or counseling statements.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online applicant.

POST-SERVICE ACTIVITY: 

None were provided by the applicant.

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 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 and change to the narrative reason of her discharge was carefully considered.  However, after examining the applicant’s record of service, her 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 her discharge from the USAR.  However, the record shows that on 28 July 2010, DA, HQS, 99th Regional Support Command, Fort Dix, NJ, Orders Number 10-209-00002, discharged the applicant from the USAR, effective 28 July 2010, with an 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 that she was unjustly discharged.  However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she was unjustly discharged.  The applicant’s statement alone does not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge.

5.  Therefore, based on the available evidence and the government presumption of 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: Personal Appearance	  Date:  14 March 2014      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 documents:

	a.  Marriage License – 1 page.

2.  The applicant presented no additional contentions.

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

Board Vote:
Character Change:  4	No Change:  1
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
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: 14 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)		AR20130020628



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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