IN THE CASE OF: Mr. BOARD DATE: 9 January 2015 CASE NUMBER: AR20140001551 ___________________________________________________________________________ Board Determination and Directed Action 1. After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the applicant’s discharge and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. 2. The Board directed to issue a new discharge order to the applicant to reflect the type of discharge as honorable. 3. 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 APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests to upgrade the characterization of his service from general, under honorable conditions to fully honorable. 2. The applicant states, in effect, he completed a DA Form 4856, requesting to be transferred to the IRR due to personal cogent reasons. He was having family issues. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 17 January 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 16 January 2013 d. Reason/Authority/SPD/RE Code: AR 135-179 e. Unit of assignment: 301st MP Co (Guard), Fort Buchanan, PR f. Current Enlistment Date/Term: 17 February 2011, 6 years TPU/8-year MSO g. Current Enlistment Service: 1 year, 1 month h. Total Service: 1 year, 11 months i. Time Lost: NIF j. Previous Discharges: USAR (110217-110801) / NA IADT (110802-111216) / HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 31B10, Military Police m. GT Score: NIF n. Education: BA Degree 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: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the US Army Reserve on 17 February 2011, for a period of 6 years as TPU with an 8-year MSO. He was 22 years old at the time of entry and had a BA degree. He was trained in and awarded military occupational specialty (MOS) 31B10, Military Police. His record documents no acts of valor or significant achievement. He completed 1 year and 11 months of reserve and active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The available evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve. 2. The record indicates that on 11 January 2013, Department of the Army, Headquarters, 81st Regional Support Command, Fort Jackson, SC, Orders 13-011-00001, discharged the applicant from the United States Army Reserve, effective 16 January 2013, with a general, under honorable conditions discharge. 3. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There are no records of any negative counseling statements or actions under the UCMJ. 2. Discharge Orders. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided discharge orders for service under current review; two counseling statements, dated 25 and 26 February 2012; and a DD Form 214, dated 16 December 2011. POST-SERVICE ACTIVITY: The applicant provided none. 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, the documents and issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. The service 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 record contains a properly constituted set of orders 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 insufficient corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the type of discharge he received from the US Army Reserve. 5. The applicant contends he completed a personnel action form requesting to be transferred to the IRR due to family issues. His contentions were carefully considered. However, the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant 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 would still be his responsibility to meet the burden of proof since the discharge packet is 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. Board Determination and Directed Action 1. After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the applicant’s discharge and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. 2. The Board directed to issue a new discharge order to the applicant to reflect the type of discharge as honorable. 3. 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: Records Review Date: 9 January 2015 Location: Washington, DC Did the Applicant Testify? No Counsel: None Board Vote: Character Change: 5 No Change: 0 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new Discharge Orders: Yes Change Characterization to: Honorable 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: 9 January 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 Honorable. 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) AR20140001551 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1