IN THE CASE OF: Mr. BOARD DATE: 21 January 2015 CASE NUMBER: AR20140000893 ___________________________________________________________________________ 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 to his discharge from general, under honorable conditions to honorable. 2. The applicant states, in effect, he had an accident while on duty and because of medical reasons, his discharge status should be corrected to an honorable discharge. He also requests a medical review board and further states he was discharged while on medical leave. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 6 January 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 4 January 2011 d. Reason/Authority/SPD/RE Code: AR 135-178, Chapter NIF e. Unit of assignment: 268th Cargo Transfer Co, Fort Buchanan, PR f. Current Enlistment Date/Term: 10 February 1999, 6 years g. Current Enlistment Service: 11 year, 10 months, 25 days h. Total Service: 11 year, 10 months, 25 days i. Time Lost: None j. Previous Discharges: USAR 990210-990801/NA IADT 990802-NIF (Concurrent service) k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 88M10, Motor Transport Operator m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None 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 Reserve on 10 February 1999 for a period of 6 years. He was 19 years old at the time of entry and a high school graduate. He was ordered to Individual Active Duty (IADT) for training and was awarded Military Occupation Specialty (MOS) 88 M 10, Motor Transport Operator; assigned to the 268th Transportation Company, Cargo Transfer, Fort Buchanan, PR and completed a total of 11 years, 10 months, 25 days of military service. His record does not contain any significant awards or acts of valor. SEPARATION FACTS AND CIRCUMSTANCES: 1. The available evidence shows the applicant’s 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 28 December 2010, Department of the Army, Headquarters, 81st Regional Support Command, Fort Jackson, SC, Orders 10-362-00009, discharged the applicant from the United States Army Reserve, effective 4 January 2011, with a general, under honorable conditions. 3. The applicant’s available record does not contain any evidence of unauthorized absences, documented actions under the UCMJ or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Discharge orders dated 28 December 2010. The applicant received five NCOER’S covering the following periods; 1 August 2005 to 31 July 2006. The applicant was rated as Successful and received Fair/Fair from the senior rater. 1 August 2006 to 31 July 2007. The applicant was rated as Marginal and received Fair/Fair from the senior rater; 1 August 2007 to 31 July 2008. The applicant was rated as Fully Capable and received Successful/Superior from the senior rater; 1 October 2008 to 30 September 2009. The applicant was rated as Fully Capable and received Successful/Superior from the senior rater; and 1 October 2009 to 30 September 2010. The applicant was rated as Marginal and received Fair/Poor from the senior rater. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149 dated 2 January 2014, in lieu of a DD Form 293, two DD Form 689, individual sick slip dated 10 April 2010, 4 July 2010, memorandum requesting assistance for the applicant’s LOD dated 26 August 2010, DA Form 2173 statement of medical examination and duty status, dated 13 September 2010, several pages of the chronological record of medical care with various dates, certificates of training, achievement, appreciation, and completion; letter of appreciation dated 14 April 2008. POST-SERVICE ACTIVITY: The applicant did not provide any 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 Soldier’s 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 applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicant’s 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 applicant’s 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 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. . 3. 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 U.S. Army Reserve. 4. The applicant contends he had an accident while on duty and because of medical reasons his discharge status should be corrected to an honorable discharge. The applicant's contentions were carefully considered. 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 applicant’s 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. The applicant also requests a medical review board. The applicant’s request for a medical review board does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 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, 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: 21 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 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) AR20140000893 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1