AR20140003587

IN THE CASE OF: Mr.

BOARD DATE: 27 February 2015

CASE NUMBER: AR20140003587
___________________________________________________________________________

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 under other than honorable conditions to honorable and a change to the narrative reason for separation.

2. The applicant states, in effect, he injured his knee while deployed overseas and when he returned he had surgery on it; his medical care provider at the time advised him not to report for duty, because the degree of his jury required a rehabilitation period of two years. He desires to serve his country again.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 24 February 2014
b. Discharge Received: Under Other Than Honorable Conditions
c. Date of Discharge: 23 January 2011 d. Reason/Authority/SPD/RE Code: NIF/AR 135-178
e. Unit of assignment: 7222nd US Army Medical Support Unit, Tampa, FL f. Current Enlistment Date/Term: 17 October 2005, 8 years
g. Current Enlistment Service: 5 years, 3 months, 7 days
h. Total Service: 5 years, 3 months, 7 days
i. Time Lost: None j. Previous Discharges: IADT (051101-060621/HD USAR (060622-070916)/NA AD (070917-081105)/HD (Concurrent Service)
k. Highest Grade Achieved: E-4
l. Military Occupational Specialty: 63E10, Dental Specialist
m. GT Score: 120
n. Education: 13 years
o. Overseas Service: Southwest Asia
p. Combat Service: Iraq (080209-080701)
q. Decorations/Awards: NDSM, ICM-W/CS, GWOTSM, AFRM-W/M DEV, ASR, ARCOTR,
r. Administrative Separation Board: NIF
s. Performance Ratings: No
t. Counseling Statements: NIF
u. Prior Board Review: No

SUMMARY OF SERVICE:

The applicant enlisted in the U.S. Army Reserve 17 October 2005, for a period of 8 years. He was 21 years old with one year of college at the time. He was ordered to initial active duty training on 1 November 2011; he trained in and was awarded military occupational specialty (MOS) 91E10, Dental Specialist, later changed to 63E10. He was released from active duty training with an honorable discharge and returned to his unit. He was ordered to active duty on 17 September 2007 for combat service in Iraq and was released with an honorable discharge. He earned an AFRM-W/M DEV during his combat service. He was serving at Tampa, FL when his discharge was initiated.

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 US Army Reserve.

2. The available evidence in the record indicates on 18 January 2011, DA, HQS, 81st Regional Readiness Support Command, Fort Jackson, SC, Orders 11-018-00034, discharged the applicant from the US Army Reserve, effective 23 January 2011, with an under other than honorable conditions discharge. The applicant was reduced to the lowest enlisted rank.

3. The record contains a properly constituted order which indicates the applicant was discharged under the provisions of AR 135-178, with a characterization of service of under other than honorable conditions.

4. The applicants available service record does not contain any evidence of unauthorized absences, time lost, negative counseling statements or any actions under the Uniform Code of Military Justice (UCMJ).

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. Reduction/Discharge Orders 11-018-00034, dated 18 January 2011.

2. Two DD Forms 214, dated 21 June 2006 and 5 November 2008.

3. An enlistment/reenlistment document, dated 17 October 2005.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application (seven pages), medical documents (five pages), line of duty determination memorandum, whom it may concern letter, and a statement of medical examination and duty status.

POST-SERVICE ACTIVITY:

The applicant stated in his application he is employed by the VA in St. Petersburg, FL.
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 available military records, the documents and issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant’s discharge.

2. The applicants record is void of the specific facts and circumstances concerning the events which led to his discharge from the US Army Reserve. However the record shows on
18 January 2011, DA, HQS, 81st Regional Readiness Support Command, Fort Jackson, SC, Orders 11-018-00034, discharged the applicant from the US Army Reserve, effective
23 January 2011, with an under other than honorable conditions discharge.

3. 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.

4. The applicant requested a change to the narrative reason for separation. The narrative reason for separation is governed by specific directives. The complete facts and circumstances leading to the discharge are unknown. The applicant bears the burden of presenting substantial and credible evidence to support his request to change the reason for his discharge. There is no evidence in the record, nor has the applicant provided any evidence, to support the request that the reason for his discharge was improper or inequitable.

5. The applicant contends he injured his knee while deployed overseas and when he returned he had surgery on it; his medical care provider at the time advised him not to report for duty, because the degree of his injury required a rehabilitation period of two years. The applicant provided a letter from the US Army Medical Department Activity indicating he had surgery and the surgeon recommended a permanent profile until the completion of his rehabilitation. Also, he was not to return to duty until he was cleared by the civilian care provider not to exceed two years and two months following his recent surgery during rehabilitation. However, the letter further stated the applicant could be released sooner if recommended by the care provider.

6. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged.

7. The applicant desires to serve his country again. 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.

8. 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.

9. Therefore, based on the available evidence and the presumption of government regularity, it appears that based on the discharge order, the characterization of service was both proper and equitable; the analyst recommends the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 27 February 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 DD Form 214: 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) AR20140003587

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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