AR20140003492

IN THE CASE OF: Mr.

BOARD DATE: 25 February 2015

CASE NUMBER: AR20140003492
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicants record of service during the period of enlistment under review and notwithstanding the examiners Discussion and Recommendation that follows, the Board determined that the characterization of service was too harsh based on the applicants one time drug use. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined the reason for discharge was proper and equitable and voted not to change it.

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 under other than honorable conditions discharge characterization to honorable.

2. The applicant states, in effect, that his discharge was lawful. He was young when he enlisted and was not ready to give up his youthful rebellions. The applicant states he has learned his lesson; he no longer abuse illegal substances; he should had fought his discharge but he did not because he had no one depending on him. He now has a family, work for the state of Arkansas, and has tried to put the past behind him, but he and his family still face the consequences of his mistakes.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 20 February 2014
b. Discharge Received: Under Other Than Honorable Conditions
c. Date of Discharge: 19 January 2011
d. Reason/Authority/SPD/RE Code: AR 135-178, Chapter NIF
e. Unit of assignment: 360th CM Co, East Camden, AR
f. Current Enlistment Date/Term: 4 January 2008, 6 years
g. Current Enlistment Service: 3 years, 16 days
h. Total Service: 3 years, 16 days
i. Time Lost: None
j. Previous Discharges: USAR, (080716-081217) HD
k. Highest Grade Achieved: E-2
l. Military Occupational Specialty: 74D10, Chemical Operations Specialist
m. GT Score: NIF
n. Education: GED
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: NDSM, ASR
r. Administrative Separation Board: No
s. Performance Ratings: None
t. Counseling Statements: No
u. Prior Board Review: No
SUMMARY OF SERVICE:

On 4 January 2008, the applicant joined the Army Reserve for a period of 6 years. He was
23 years old at the time and earned a general equivalent development diploma (GED). He served a total of 3 years and 16 days in the USAR. He was awarded a NDSM and an ASR while he served in the USAR.

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 his discharge from the United States Army Reserve.

2. The record indicates that on 12 January 2011, Department of the Army, Headquarters, 63d Regional Support Command, Moffett Field, CA, Orders 11-012-00009, discharged the applicant from the United States Army Reserve, effective 19 January 2011, 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:

None

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an electronic DD Form 293, dated 5 February 2014, a copy of Memorandum of Notification of a Positive Soldier, dated 12 August 2010, and a copy of his separation Orders 11-012-00009,

POST-SERVICE ACTIVITY:

The applicant did not provide any with this 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 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 his 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 his service mitigated the type of discharge he received from the Army Reserve.

5. The applicant contends he was young and not ready to give up his rebellion ways, but he has finally learned his lesson. He wants to leave the past behind him and move on with his life, but he is still reaping the consequences from his mistakes. However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment.

6. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Boards consideration because they are not available in the official record.

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

BOARD DETERMINATION AND DIRECTED ACTION

After carefully examining the applicants record of service during the period of enlistment under review and notwithstanding the examiners Discussion and Recommendation, the Board determined that the characterization of service was too harsh, based on the applicants one time drug use. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions or honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Record Review Date: 25 February 2015 Location: Washington, DC

Did the Applicant Testify, NA

Counsel: None

Witnesses/Observers: NA

Board Vote:
Character Change: 3 No Change: 2
Reason Change: 0 No Change: 5
(Board member names available upon request)

Board Action Directed:
Issue a new Discharge Order: Yes
Change Characterization to: General, Under Honorable Conditions
Change Reason to: No Change
Change Authority for Separation: NA
Change RE Code to: NA
Grade Restoration to: NA
Other: TO: ARBA Promulgation Team. Arlington, VA Date: 25 February 2015

The Army Discharge Review Board, under the provisions of Title 10, United States Code, Section 1553, in the case of the applicant named in page 1, directs the ARBA Promulgation Team, Arlington, VA to issue a new discharge order to the applicant which reflects the following directed changes:

( X ) Change characterization of discharge to General, Under Honorable Conditions.

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) AR20140003492

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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