AR20140001116

IN THE CASE OF: Ms.

BOARD DATE: 24 November 2014

CASE NUMBER: AR20140001116
___________________________________________________________________________

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 APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests an upgrade of her under other than honorable conditions discharge to general, under honorable conditions or honorable.

2. The applicant states, in effect, that her discharge is restricting her from receiving a federal government clearance. She is willing to take the steps necessary to have a good standing with the military. She has never been court martial, or received an Article 15.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 9 January 2014
b. Discharge Received: Under Other Than Honorable Conditions
c. Date of Discharge: 26 September 2007
d. Reason/Authority/SPD/RE Code: AR 135-178, Chapter NIF
e. Unit of assignment: 328 MC Hospital CMD SEC, Salt Lake City, UT
f. Current Enlistment Date/Term: 18 May 2002, 8 years
g. Current Enlistment Service: 5 years, 4 months, 9 days
h. Total Service: 5 years, 4 months, 9 days
i. Time Lost: None
j. Previous Discharges: NIF
k. Highest Grade Achieved: E-4
l. Military Occupational Specialty: NIF
m. GT Score: NIF
n. Education: NIF
o. Overseas Service: NIF
p. Combat Service: NIF
q. Decorations/Awards: NIF
r. Administrative Separation Board: No
s. Performance Ratings: None
t. Counseling Statements: No
u. Prior Board Review: No

SUMMARY OF SERVICE:

On 18 May 2002, the applicant joined the Army Reserve for a period of 8 years. She was 17 years old at the time and attending high school. She served a total of 5 years, 4 months and 9 days in the US Army Reserve. Her record is void of any significant awards or acts of valor.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The available evidence shows the applicants record is void of the specific facts and circumstances concerning the events which led to her discharge from the United States Army Reserve.

2. The record indicates that on 26 September 2007, Department of the Army, Headquarters, Army Reserve Medical Command, Pinellas Park, FL, Orders 07-269-00004, discharged the applicant from the United States Army Reserve, effective 26 September 2007, with an under other than honorable conditions discharge.

3. The applicants available record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

Discharge order.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, and DD Form 214.

POST-SERVICE ACTIVITY:

None was provided with the 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 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.

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 applicants request for an upgrade of the characterization of her discharge was carefully considered. However, after examining the applicants record of service and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant’s discharge. The available record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army Reserve.

2. The applicants available record contains a properly constituted Order which was authenticated by the appropriate military authority. This document identifies the characterization of the discharge and the presumption of government regularity prevails in the discharge process.

3. 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.

4. The applicant provided no independent corroborating evidence demonstrating that either the command’s action was erroneous or that her service mitigated the type of discharge she received from the US Army Reserve.

5. The applicant contends her discharge is restricting a federal government clearance. She is willing to take the steps necessary to have a good standing with the military. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

6. The applicant contends she has never been court martial, or received an Article 15. The applicant’s contention are noted; however, it is not possible to determine if her contentions has merit because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant to provide the appropriate documents or other evidence (i.e. discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration. If the applicant desires a personal appearance hearing, it will be her responsibility to meet this burden of proof since the evidence is not available in the official record.

7. Therefore, based on the available evidence and the government presumption of regularity, it appears the reason for discharge and the characterization of service were both proper and equitable, thus recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 24 November 2014 Location: Washington, DC

Did the Applicant Testify, NA

Counsel: None

Witnesses/Observers: NA

Board Vote:
Character Change: 1 No Change: 4
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) AR20140001116

Page 4 of 5 pages

ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

1