IN THE CASE OF:  	Mr. 

      BOARD DATE:  	11 June 2014

      CASE NUMBER:  	AR20140005761
___________________________________________________________________________

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 his under other than honorable conditions discharge to general, under honorable conditions.

2.  The applicant states, in effect, his discharge was improper because he suffered from major depression and Post Traumatic Stress Disorder (PTSD), and his deployment to Iraq.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			1 April 2014
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				3 November 2006
d. Reason/Authority/SPD/RE Code:		NIF, AR 135-178, NA
e. Unit of assignment:				307th Psychological Operation Company, St. 							Louis, MO
f. Current Enlistment Date/Term:		20 March 2000, 8 years
g. Current Enlistment Service:		6 years, 7 months, 14 days
h. Total Service:				6 years, 7 months, 14 days
i. Time Lost:					NIF
j. Previous Discharges:			NIF
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		37F10, Psychological Operations
m. GT Score:					NIF
n. Education:					3 years college
o. Overseas Service:				SWA
p. Combat Service:				Iraq (040811-050810)
q. Decorations/Awards:			CAB
r. Administrative Separation Board: 		NIF
s. Performance Ratings:			NA
t. Counseling Statements:			NIF
u. Prior Board Review:				No
SUMMARY OF SERVICE:

The applicant enlisted in the US Army Reserve on 20 March 2000, for a period of 8 years.  He was 20 years old at the time of entry, was a high school graduate, and had 3 years of college.  He was trained in and awarded the Military Occupational Specialty (MOS) 37F10, Psychological Operations.  His record does not contain the actual date of his combat service; however, the evidence of record does show he earned a CAB.  He was serving in Joliet, IL when his 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 his discharge from the Army Reserve.  

2.  The available evidence in the record indicates that on 2 November 2006, DA, HQS, US Army Civil Affairs and Psychological Operations Command (A), Fort Bragg, NC, Orders Number 06-306-00066, discharged the applicant from the US Army Reserve, effective              3 November 2006, 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 available 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 06-306-00066, dated 2 November 2006.

2.  The record also contains an Enlistment/Reenlistment Document, dated 20 March 2000.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, two letters, Clinical Social Worker letter, National Personnel Records Center (two pages), Main Street Medical Group, medical documents (four pages), Enlistment/Reenlistment Document (thirty pages), and Permanent Orders C179-33, Combat Action Badge; additional documents, self-authored statement, two letters of support, Elkhart General Healthcare System, and a references page.

POST-SERVICE ACTIVITY: 

The applicant did not provide any information with his 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.

ANALYST’S 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 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 his discharge from the US Army Reserve.  However, the record shows on             2 November 2006, DA, HQS, US Army Civil Affairs and Psychological Operations Command (A), Fort Bragg, NC, Orders Number 06-306-00066, discharged the applicant from the US Army Reserve, effective 3 November 2006, 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 his discharge was improper because he suffered from major depression and Post Traumatic Stress Disorder (PTSD), due to his deployment to Iraq.  However, a determination as to the merit of these contentions cannot be made because the facts and circumstances leading to the discharge are unknown.  The applicant must meet the burden of proof by providing the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.

5.  Further, 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 his discharge was improper.

6.  Also, the independent medical documents submitted by the applicant diagnosing him with PTSD, major depressive disorder and an anxiety disorder which he was prescribed medications for treatment are acknowledged.  However, the available service record does not support the applicant’s contention that he suffered from major depression and PTSD while in the Reserves, and deployed to Iraq and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition.  

7.  Additionally, 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.

8.  Furthermore, the third party statements provided with the application speak highly of the applicant’s performance.  They all recognize his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant’s chain of command.  As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity.

9.  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. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Record Review      Date:  11 June 2014     Location:  Washington, DC

Did the Applicant Testify:  No

Counsel:  None

Witness/Observer:  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)		AR20140005761



Page 5 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1