1. APPLICANTS NAME:
a. Application Date: 26 December 2014
b. Date Received: 29 December 2014
c. Counsel: Yes
2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to upgrade the characterization of his service from under other than honorable to honorable. The applicant provided no other specific issues at this time.
In a personal appearance hearing conducted at Arlington, Virginia, on 28 September 2015, and by a 5-0 vote, the Board denied the request finding the separation was both proper and equitable.
(Board member names available upon request.)
3. DISCHARGE DETAILS:
a. Reason/Authority/Codes/Characterization: AR 135-178 / NIF / NIF / Under Other Than Honorable Conditions
b. Date of Discharge: 25 December 2012
c. Separation Facts: NIF
(1) Date of Notification of Intent to Separate: NIF
(2) Basis for Separation: The applicant was informed of the following reasons: NIF
(3) Recommended Characterization: NIF
(4) Legal Consultation Date: NIF
(5) Administrative Separation Board: NIF
(6) Separation Decision Date/Characterization: NIF
4. SERVICE DETAILS:
a. Date/Period of Enlistment: 8 September 2007 / 1 year
b. Age at Enlistment/Education/GT Score: 43 / HS Graduate / 89
c. Highest Grade Achieved/MOS/Total Service: E-5 / 92A20, Automated Logistical Specialist / 27 years, 9 months, 5 days
d. Prior Service/Characterizations: USAR (20 March 1985-10 July 1985) / NA
RA (11 July 1985-12 April 1988) / HD
ARNG (13 April 1988-1 November 1988) / HD
USARCG (2 November 1988-9 May 1991) / NA
ARNG (10 May 1991-1 February 1993) / HD
USARCG (2 February 1993-16 May 1997) / NA
USAR (17 May 1997-30 September 2004) / NA
AD (1 October 2004-26 December 2006) / HD
USAR (27 December 2006-7 September 2007) / HD
e. Overseas Service/Combat Service: SWA / Kuwait (20 November 2004-12 November 2005)
f. Awards and Decorations: AAM; AGCM; NDSM-2; GWOTEM; GWOTSM; AFRM w/M DEV; ASR; OSR
g. Performance Ratings: Yes
h. Disciplinary Action(s)/Evidentiary Record:
Discharge Orders
There are no negative counseling statements or actions under the Uniform Code of Military Justice in the record.
Five NCOERs rendered during the period under current review:
An Annual report covering the period of 8 September 2011 through 7 September 2012. The applicant was rated as Marginal and received 4/4 from the senior rater.
A Change of Rater report covering the period of 8 September 2010 through 7 September 2011. The applicant was rated as Marginal and received 5/5 from the senior rater.
An Annual report covering the period of 8 September 2009 through 7 September 2010. The applicant was rated as Marginal and received 4/4 from the senior rater.
An Annual report covering the period of 8 September 2008 through 7 September 2009. The applicant was rated as Fully Capable and received 3/3 from the senior rater.
An Annual report covering the period of 8 September 2007 through 7 September 2008. The applicant was rated as Fully Capable and received 3/3 from the senior rater.
Service School Academic Evaluation Report, dated 10 October 2008, indicates the applicant failed to achieve the course standards of the Warriors Leaders Course (WLC).
i. Lost Time: NIF
j. Diagnosed PTSD/TBI/Behavioral Health:
5. APPLICANT-PROVIDED EVIDENCE: A counsel-authored letter, dated 9 March 2015; Appearance Notification Response Form, undated; and Authorization for Release of Records and Information, dated 17 February 2015.
6. POST SERVICE ACCOMPLISHMENTS: None
7. REGULATORY CITATION(S): 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. The characterization is based upon the quality of the Soldiers 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.
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.
8. DISCUSSION OF ISSUE(S): The applicant requests to upgrade the characterization of his service from under other than honorable to honorable.
The available evidence shows the applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve.
The record indicates that on 10 December 2012, Department of the Army, Headquarters, 99th Regional Support Command, Fort Dix, NJ, Orders 12-353-00138, discharged the applicant from the United States Army Reserve, effective 25 December 2012, with an under other than honorable conditions discharge and he was reduced to the lowest enlisted grade of E-1/Private. This properly constituted set of Orders which was authenticated by the appropriate military authority identifies the characterization of the discharge. Barring evidence to the contrary, it appears all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
The applicant provided no other specific issues at this time.
There is insufficient evidence available in the official record to make a determination upon the applicant's quality of service under review. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicants statements alone, if any, do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge.
Based on the available records, it appears the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and the applicant was provided full administrative due process.
9. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:
1. The applicant submitted the following additional document(s):
a. Notification of Separation Proceedings, dated 8 September 2011
b. Acknowledgement/Election of Rights and Options for Separation Proceedings under AR 135-178, Chapter 12-1d, dated 15 October 2011
2. The applicant presented no additional contentions.
In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing.
10. OBSERVER: Yes
11. BOARD ACTION DIRECTED:
a. Issue a new Discharge Order: No
b. Change Characterization to: No Change
c. Change Reason to: No Change
d. SPD/RE Code Change to: No Change
e. Restoration to Grade: NA
Authenticating Official:
COL, US ARMY
Presiding Officer
Army Discharge Review Board
Legend:
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
FG - Field Grade IADT Initial Active Duty Training RE - Reentry Honorable Conditions
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