IN THE CASE OF: BOARD DATE: 17 July 2013 CASE NUMBER: AR20130002600 ___________________________________________________________________________ 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 APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of his under other than honorable discharge to honorable. 2. The applicant states, in effect, that he was reduced in rank to E-1 after being promoted to E-4. His ID card does not expire until April of 2015. He feels he was improperly discharged from the Army Reserve. He requested to go Active Duty; however, he has not received any orders. His unit administrator did not process his paper work properly which is why an injustice occurred. His entire family has served in the military and he had hoped to make the military a lifelong career. He was experiencing multiple family issues concerning custody of his children during his enlistment. After resolving the child custody issues that were occurring at that time, he received permission to relocate. He requested to separate from the reserves to go into the Active Army and was told to wait on orders. He reported to post on 5 April 2012, and received a new ID card. He still has not received any Active Duty orders. He still has family issues concerning his children and ex-wife. He is requesting to be reinstated with full military protection and pay. He currently cannot pay his bills because he has been waiting on orders for almost 2 years and has been on welfare ever since he has been home from IADT. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 7 February 2013 b. Discharge Received: Under Other Than Honorable Condition c. Date of Discharge: 11 July 2012 d. Reason/Authority/SPD/RE Code: Unsatisfactory Participant, AR 135-178 Chapter 13, RE NIF, SPD NA e. Unit of assignment: 340th Engineer Company, 3rd Platoon, (HC) New Kensington, PA f. Current Enlistment Date/Term: 19 October 2009, 8 years g. Current Enlistment Service: 2 years, 8 months, 23 days h. Total Service: 2 years, 8 months, 23 days i. Time Lost: None j. Previous Discharges: IADT 091103-100205, UNC (concurrent service) k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 21E10, Construction Equipment Operator m. GT Score: NIF n. Education: HS Graduate 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: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Army Reserve on 19 October 2009, for a period of 8 years. He was 30 years old at the time of entry, a high school graduate, and completed 2 years, 8 months, and 23 days of service. The applicant’s IPERMS record contains a DD Form 214 that reflects an incorrect date of entry of 20 May 2009. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve. 2. The available evidence in the record indicates that on 11 July 2012, DA HQS, 99th Regional Support Command, Fort Dix, NJ, Orders number 12-193-00053, discharged the applicant from the Army Reserve, effective 11 July 2012, with an under other than honorable conditions discharge. 3. The record contains a properly constituted order which indicates the applicant was discharged under the provisions of AR 135-178, by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions. 4. The applicant’s available service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: There are no UCMJ actions contained in the applicant’s record. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an on-line application, a self-authored statement, 2 copies of orders 12-19-00053, developmental counseling form, personnel action form, request for conditional release, memorandum for record, 3 battle assembly schedules, 2 LES, email to applicant, various reserve health readiness documents, memorandum release from active duty due to family hardship, photo copy of military ID cards, and various AMHRR documents POST-SERVICE ACTIVITY: None provided by the applicant. REGULATORY AUTHORITY: 1. Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve. Chapter 13 provides in pertinent part, that individuals can be separated for being an unsatisfactory participant. Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills acrued during a 1 year period and attempts to have the Soldier respond or comply with orders or correspondence have resulted in the Soldier’s refusal to comply with orders or correspondence; or a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed. Discharge action may be taken when the Soldier cannot be located or is absent in the hands of civil authorities in accordance with the provisions of AR 135-91, paragraph 2-18, and Chapter 3, section IV, of AR 135–178. 2. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general discharge under honorable conditions or an honorable discharge may be granted. 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 applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicant’s record of service, his military records, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the former Soldier’s discharge from the Army Reserve. However, the record shows that on 11 July 2012, DA HQS, 99th Regional Support Command, Fort Dix, NJ, Orders number 12-193-00053 discharged the applicant from the Army Reserve, effective 11 July 2012, 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’s multiple contentions have been carefully considered. The applicant raised the issue that he was having family issues that affected his behavior, once the issues were resolved he was allowed to move and go active duty, his unit administrator did not process his paper work correctly, and although he reported to post and received new ID cards, he never received active duty orders, and is now on welfare. Additionally, the applicant contends that the state has kidnapped his children, and his ex-wife and her current husband are harassing him and attempting to cause him bodily harm. The rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. 5. 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 Board’s consideration because they are not available in the official record. 6. Therefore, based on the available evidence and the presumption of government regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 17 July 2013 Location: Washington, DC Did the Applicant Testify? No Counsel: None 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: No Change Change RE Code to: No Change 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) AR20130002600 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1