IN THE CASE OF:  	Ms. 

      BOARD DATE:  	10 June 2014

      CASE NUMBER:  	AR20140004597
___________________________________________________________________________

Board Determination and Directed Action

1.  After carefully examining the applicant’s record of service during the period of enlistment under review, hearing her testimony and notwithstanding the examiner’s Discussion and Recommendation that follows, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the discharge (i.e., the disparity among the Army National Guard and the US Army Reserve regarding unsatisfactory participation), and her testimony and as a result it is inequitable.

2.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  This action entails restoration of grade to SPC/E-4.




      
      
      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 under other than honorable conditions discharge to honorable.

2.  The applicant states, in effect, she did not deserve the discharge that she was issued.  She became sick and required multiple surgeries and was hospitalized; she contends she would still be in the military if she did not have surgery.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			6 March 2014
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				3 August 2009
d. Reason/Authority/SPD/RE Code:		NIF, AR 135-178, NIF
e. Unit of assignment:				344th MC Hospital Co, Brooklyn, NY
f. Current Enlistment Date/Term:		14 May 2007/8 years
g. Current Enlistment Service:		2 years, 2 months, 20 days
h. Total Service:				2 years, 2 months, 20 days
i. Time Lost:					NIF
j. Previous Discharges:			IDAT (070621-080220)/HD											   (Concurrent Service)
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		68W10, Heath Care Specialist
m. GT Score:					NIF
n. Education:					HS Graduate
o. Overseas Service:				NIF
p. Combat Service:				NIF
q. Decorations/Awards:			NDSM, ASR
r. Administrative Separation Board: 		NA
s. Performance Ratings:			NA
t. Counseling Statements:			NIF
u. Prior Board Review:				Yes/5 February 2014/Records Review
SUMMARY OF SERVICE:

The applicant enlisted in the US Army Reserve on 14 May 2007 for a period of 8 years.  She was 18 years old at the time of entry and a high school graduate.  She was ordered to IADT on 21 June 2007 and completed advanced individual training (AIT) at Fort Sam Houston, Texas, and was awarded the Military Occupational Specialty (MOS) 68W, Health Care Specialist.  She received an honorable discharge and was returned to her unit.  Her record does not contain any evidence of acts of valor or meritorious achievements.  She was serving in Brooklyn, NY when her discharge was initiated.
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 Army Reserve.  

2.  The available evidence in the record indicates that on 3 August 2009, DA HQS, 3rd Medical Deployment Support Command, Forest Park, Georgia, Orders Number 09-215-00021, discharged the applicant from the US Army Reserve, effective 3 August 2009, 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, time lost, negative counseling statements or any actions under the Uniformed Code of Military Justice (UCMJ).

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record contains Reduction/Discharge Orders 09-215-00021, dated 3 August 2009.

2.  The record also contains an Enlistment/Reenlistment Document, dated 14 May 2007.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, ADRB Case Report and Directive page 5, and the University Hospital of Columbia and Cornell medical documents (three pages).

POST-SERVICE ACTIVITY: 

The applicant did not provide any information with her 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 US 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 military records, 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 her discharge from the US Army Reserve.  However, the record shows that on      3 August 2009, DA HQs, 3rd Medical Deployment Support Command, Forest Park, Georgia, discharged the applicant from the US Army Reserve, effective 3 August 2009, 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 she did not deserve the discharge that she was issued.  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 contention.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that her discharge was unjust.

5.  The applicant further contends she became sick and required multiple surgeries and was hospitalized; she would still be in the military if she did not have surgery.  The medical documents submitted by the applicant are acknowledged; however, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition.  Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication.

6.  Also, the rationale the applicant provided as the basis for what she believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature.

7.  Therefore, 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 the analyst recommends the Board deny relief. 

BOARD DETERMINATION AND DIRECTED ACTION

1.  After carefully examining the applicant’s record of service during the period of enlistment under review, hearing her testimony and notwithstanding the examiner’s Discussion and Recommendation, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the discharge (i.e., the disparity among the Army National Guard and the US Army Reserve regarding unsatisfactory participation), and her testimony and as a result it is inequitable.

2.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  This action entails restoration of grade to SPC/E-4.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Personal Appearance       Date:  10 June 2014     Location:  Washington, DC

Did the Applicant Testify:  Yes

Counsel:  None

Witness/Observer:  No

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional documents.

	a.  Medical Documents – 3 pages

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
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: 10 June 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)		AR20140004597



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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