IN THE CASE OF: Ms. BOARD DATE: 15 December 2014 CASE NUMBER: AR20140001818 ___________________________________________________________________________ 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 discharge from under other than honorable conditions to general, under honorable conditions. 2. The applicant states, in effect, that she would like an upgrade of her discharge for the purpose of being able to pursue opportunities in law enforcement. She contends that prior to her discharge she was enrolled in the Simultaneous Membership Program with ROTC/Army Reserve. Her understanding (prior to enlisting into the Reserve) was that the Army Reserve would pay for her college tuition. She was under a lot of stress to pay her tuition. She started working two jobs while attending the ROTC program, enrolled in college full time, and being a part of the reserve unit; she was never MOS qualified. She would like an opportunity to have her discharge changed so she can pursue a career. She also contends she was young at the time and did not have complete understanding as to what the discharge could do to her long term. At the time of discharge she wanted to be out of both ROTC and the SMP since she wasn't able to pay for her tuition. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 January 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 20 August 2008 d. Reason/Authority/SPD/RE Code: NIF/135-178 e. Unit of assignment: HHC, 350 CA CMD, Pensacola, FL f. Current Enlistment Date/Term: 9 August 2005, 8 years g. Current Enlistment Service: 3 years, 12 days h. Total Service: 3 years, 12 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: NIF m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NIF 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 United States Army Reserve (USAR) 9 August 2005, for a period of 8 years. She was 19 years old at the time of entry and a high school graduate. The record does not contain any evidence of acts of valor or meritorious achievements. She completed 3 years and 12 days of military service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record is void of the specific facts and circumstances concerning the events which led to her discharge from the USAR. 2. The available evidence in the record indicates that on 14 August 2008, DA, HQS, Civil Affairs and PSYOP Command (A), Fort Bragg, NC, Orders Number 08-227-00008, discharged the applicant from the USAR, effective 18 June 2008. The applicant was discharged under the provisions of AR 135-178. 3. The applicant’s available service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge Orders 08-227-00008, dated 14 August 2008. 2. The applicant's available record does not contain any recorded actions under the UCMJ or counseling statements. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application, dated 21 January 2014 and a copy of her separation orders, dated 14 August 2008. POST-SERVICE ACTIVITY: None were provided by the applicant. 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 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 her discharge was carefully considered. However, after examining the applicant’s record of service, her available military records, the documents and the issues 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 his discharge from the US Army Reserve. However, the record shows that on 14 August 2008, DA, HQs, Civil Affairs and PSYOP Command (A), Fort Bragg, NC, Orders Number 08-227-00008, discharged the applicant from the USAR, effective 20 August 2008, 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 contends that her discharge was the result of a lot of stress to pay her tuition; working two jobs while attending the ROTC program; being enrolled in college full time; being a part of the reserve unit; and she was never MOS qualified. However, it is unknown if these contentions have merit because the facts and circumstances leading to the discharge are not contained in the service record. The burden of proof remains with the former Soldier 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 will still be her responsibility to meet the burden of proof since the discharge packet is not available in the official record. 5. The applicant also contends she was young at the time of discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 6. The applicant expressed her desire for an upgrade of her discharge for the purpose of being able to pursue opportunities in law enforcement and for benefits. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 7. Therefore, based on the available evidence and the government presumption of regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 15 December 2014 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 Discharge Order: 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) AR20140001818 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1