1.	APPLICANT’S NAME:	

	a.	Application Date:	1 October 2014

	b.	Date Received:	18 February 2015

	c.	Counsel:	Yes

2.	REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION:  The applicant requests an upgrade of the characterization of his discharge from under other than honorable conditions to honorable and to change the narrative reason for his discharge.  The applicant’s contentions indicated as an attached supplemental statement is not available.  The counsel representing the applicant states the statement would be submitted at a later date, prior to the personal appearance.  

After carefully examining the applicant’s record of service during the period of enlistment under review and hearing his testimony, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service, and the circumstances surrounding his discharge, and as a result it is inequitable.  It is concluded that his marital discord, his severe financial hardship, and civilian to military job disparity issues may have been causative factors in the misconduct that led to the discharge.  After carefully weighing that fact against the severity of the applicant’s misconduct, there is sufficient mitigating evidence to warrant upgrading the characterization of the applicant’s service to general, under honorable conditions 

Accordingly, in a personal appearance hearing conducted at Arlington, Virginia, on 
28 September 2015, and by a 3-2 vote, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  Further, the Board determined the reason for discharge was proper and equitable, and by a 5-0 vote, the Board voted not to change it, finding the narrative reason for the applicant’s separation was both proper and equitable.  This action entails restoration of grade to E-5/SGT.

	(Board member names available upon request.)

3.	DISCHARGE DETAILS:

	a.	Reason/Authority/Codes/Characterization:  AR 135-178 / Under Other Than Honorable Conditions

	b.	Date of Discharge:  1 August 2006

	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:  7 February 2005 / 6 years

	b.	Age at Enlistment/Education/GT Score:  34 / HS Graduate / 121

	c.	Highest Grade Achieved/MOS/Total Service:  E-6 / 68P10, Radiology Specialist / 15 years, 5 months, 25 days
  
	d.	Prior Service/Characterizations:  NIF       (23 February 1988-14 June 1988) / NIF
			    USN     (15 June 1988-14 June 1992) / HD
			    USNR  (15 June 1992-12 October 1993) / NA
			    RA       (13 October 1993-19 February 1997) / HD
			    RA       (20 February 1997-19 February 1999) / HD
			    USAR  (17 March 1999-19 March 2002) / HD
  
	e.	Overseas Service/Combat Service:  SWA (31 August 1994-12 January 1995), (12 July 1996-15 December 1996)
  
	f.	Awards and Decorations:  ARCOM; AAM-3; AGCM; NGCM; NDSM; AFEM; SWASM-1BSS; NPDR-2; ASR; SSDR; JMUA; MUC
  
	g.	Performance Ratings:  Yes
  
	h.	Disciplinary Action(s)/Evidentiary Record:  NIF
  
	i.	Lost Time:  NIF
  
	j.	Diagnosed PTSD/TBI/Behavioral Health:  NIF

5.	APPLICANT-PROVIDED EVIDENCE:  Counsel-authored letter, dated 13 February 2015; DD Form 214 for service ending 19 February 1999; and USN DD Form 214 for service ending 14 June 1992.

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 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. 

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 discharge from under other than honorable conditions to honorable and to change the narrative reason for his discharge.  

The applicant’s available record of service and his application were carefully reviewed.  However, the service record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve.  

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 independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the type of discharge he received from the U.S. Army Reserve.   

The applicant seeking relief provided no further statement to address any specific issues. 

Absent any issues to address, the facts and circumstances leading to the discharge are also unknown.  The burden of proof remains with the applicant to provide 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.  While the applicant is scheduled for a personal appearance hearing, it would still be his responsibility to meet the burden of proof since the discharge packet is not available in the official record. 

Based on the available records, the Board determined the characterization of service was too harsh.  However, the discharge appears 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.	Post Service Transcripts/Certificates

	b.	Navy Records

	c.	Letters of Recommendation

	d.  NCOERs and AERs

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.	BOARD ACTION DIRECTED:

	a.	Issue a new Discharge Order:  		Yes

	b.	Change Characterization to:  		General, Under Honorable Conditions

	c.	Change Reason to:  				No Change

	d.	Change SPD/RE Code to:  			No Change

	e.	Restore (Restoration of) Grade to:  	E-5/SGT


AUTHENTICATING OFFICIAL:  




COL, US ARMY
Presiding Officer
Army Discharge Review Board



















Legend:
AWOL - Absent Without Leave	GD - General Discharge	NIF - Not in File	SPCM - Special Court Martial 
BCD - Bad Conduct Discharge	HS - High School		OAD - Ordered to Active Duty	SPD - Separation Program Designator
CG - Company Grade Article 15	HD - Honorable Discharge	OMPF - Official Military Personnel File	TBI – Traumatic Brain Injury
CID - Criminal Investigation Division	MP – Military Police	PTSD – Post-Traumatic Stress Disorder	UNC - Uncharacterized Discharge  
ELS – Entry Level Status	IADT – Initial Active Duty Training	RE - Reentry	UOTHC - Under Other Than Honorable Conditions
FG - Field Grade Article 15	NA - Not applicable	SCM - Summary Court Martial	
ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE

AR20150003009


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