AR20140002601

IN THE CASE OF: Mr.

BOARD DATE: 7 January 2015

CASE NUMBER: AR20140002601
___________________________________________________________________________

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 his discharge from general, under honorable conditions to honorable and a change to his narrative reason for discharge.

2. The applicant states, in effect, that he would like an upgrade of his discharge for the purpose of being able to serve his country again. He contends at the time he enlisted he had just got out of the Army National Guard. He was fighting a civilian case with pending felony charges which he was found not guilty of. He enlisted in the Army Reserves and about a month after his enlistment he received discharge papers in the mail. He believes his discharge was the result of his pending charges. He has tried to get back into the military recently but didn’t know he was still in the reserves. The military is all he knows and he wants to serve his country again and become a better Soldier than he was before. He contends he never had an Article’s 15, negative counseling statements, or any other discipline problems. He was promoted to an E5 at the age of 20 and he believes he would be an E7 now at the age of 28. He contends he is an Iraq veteran.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 6 February 2014
b. Discharge Received: General, Under Honorable Conditions
c. Date of Discharge: 14 December 2011
d. Reason/Authority/SPD/RE Code: NIF/AR 135-178
e. Unit of assignment: 209th QM Co, 1st PLT (SUBSIST), Lafayette, IN
f. Current Enlistment Date/Term: 1 December 2010/USAR, (until completion of reserve obligation 4 August 2013)
g. Current Enlistment Service: 1 year, 14 days
h. Total Service: 8 years, 4 months, 10 days
i. Time Lost: None
j. Previous Discharges: ARNG-030805-040607/NA ADT-040608-041115/UNC ARNG-041116-070228/NA OAD-070301-071116/HD ARNG-071117-071213/NA OAD-071214-081212/HD ARNG-081213-090803/NA (The applicant extended his enlistment for one year 4 August 2009 and for 3 years 31 August 2009 giving him an ETS date of 4 August 2013) ARNG-090804-100731/GD USARGC-100801-101131/NA
k. Highest Grade Achieved: E-5
l. Military Occupational Specialty: 92A20, Automated Logistical
m. GT Score: NIF
n. Education: HS Graduate
o. Overseas Service: Southwest Asia
p. Combat Service: Kuwait/Iraq (070311-070716)
q. Decorations/Awards: ARCOM, AAM, ARCAM, ICM, NDSM, GWOTSM, HSM, NPDR, ASR, OSR, AFRM-w/M Device
r. Administrative Separation Board: No
s. Performance Ratings: Yes
t. Counseling Statements: None
u. Prior Board Review: No
SUMMARY OF SERVICE:

The applicant enlisted in the Army National Guard 5 August 2003, for a period of 8 years. He was 17 years old at the time of entry. He attended initial training (IADT), was trained in and awarded military occupational specialty (MOS) 92A10, Automated Logistical Specialist. He extended his enlistment one year 4 August 2009 and another three years 31 August 2009. On 31 July 2010, he was transferred to the Army Reserve Control Group (Annual Training). On 1 December 2010, he was released from the USAR Control Group (AT) and assigned to the 209th QM Co, with an expiration term of service of 4 August 2013. His record indicates he served a period of combat in Iraq; received several awards to include the ARCOM, AAM, and ARCAM, and achieved the rank of SGT/E-5.

SEPARATION FACTS AND CIRCUMSTANCES:

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

2. The available evidence in the record indicates on 7 December 2011, DA, HQS, 88th Regional Support Command, Fort McCoy, WI, Orders Number 11-341-00014, discharged the applicant from the United States Army Reserve, effective 14 December 2011, with a general, under honorable conditions discharge. The applicant was discharged under the provisions of AR 135-178.

3. The applicants available service record does not contain any evidence of unauthorized absences; time lost; recorded actions under the UCMJ; or counseling statements.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

Discharge Orders 11-341-00014, dated 7 December 2011.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application dated 21 January 2014.

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 his discharge and a change to his narrative reason for discharge was carefully considered. However, after examining the applicants available record of service, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant’s discharge or a change to his narrative reason for discharge.

2. The applicants record is void of the specific facts and circumstances concerning the events which led to his discharge from the USAR. However, the record shows that on 7 December 2011, DA, HQS, 88th Regional Support Command, Fort McCoy, WI, Orders Number 11-341-00014, discharged the applicant from the USAR, effective 14 December 2011, with a general, under honorable conditions discharge.

3. The narrative reason for separation is governed by specific directives. There is no evidence in the record, nor has the applicant provided any evidence, to support the request that the reason for his discharge is incorrect.

4. 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.

5. The applicant contends he was discharge as a result of pending charges against him which he was found not guilty of. However, there is insufficient evidence available in the official record to make a determination upon the applicant’s quality of service. 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 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.

6. The applicant also contends he never had an Article’s 15, negative counseling statements, or any other discipline problems. However, it is unknown if these contentions have merit because the facts and circumstances leading to the discharge are not contained in the service record. The burden of proof remains with the former Soldier 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. If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the discharge packet 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 are both proper and equitable, thus the analyst recommends the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 7 January 2015 Location: Washington, DC

Did the Applicant Testify, NA

Counsel: None

Witnesses/Observers: NA

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) AR20140002601

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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