IN THE CASE OF: Mr. BOARD DATE: 12 December 2014 CASE NUMBER: AR20140002442 ___________________________________________________________________________ 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 his general, under honorable conditions discharge be changed to honorable. 2. The applicant states, in effect, his discharge was due to failure of a physical fitness test not specified in the additional instructions of the discharge document handed to him at the moment of separation. He states in accordance with AR 635-40, a Soldier will be issued a DD Form 256A, Honorable Discharge Certificate, and a DD Form 214. He contends the type of discharge is erroneous, there was no medical board conducted, and no remedial PT program was recommended. He states he is making his request for an upgrade for a federal job application. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 3 February 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 8 November 2011 d. Reason/Authority/SPD/RE Code: Unsatisfactory Performance, AR 135-178, NIF, NIF e. Unit of assignment: HQs, 311th Quartermaster Company, Aguadilla, PR f. Current Enlistment Date/Term: 5 November 2008/8 years g. Current Enlistment Service: 3 years, 4 days h. Total Service: 3 years, 4 days i. Time Lost: None j. Previous Discharges: USAR, 081105-090113, NA IADT, 090114-090604, UNC (Concurrent Service) k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 42A, Human Resources Specialist m. GT Score: 95 n. Education: Associate’s Degree o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, ASR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the United States Army Reserve on 5 November 2008 for a period of 8 years. He was 22 years old at the time of entry and had an Associate’s degree. His record is void of any acts of valor and achievement. He completed 3 years, 4 days of military service. When his discharge proceedings were initiated, he was serving in Aguadilla, Puerto Rico. 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 3 November 2011, DA HQS, 81st Regional Support Command, Fort Jackson, South Carolina, Orders number 11-307-00010, discharged the applicant from the Army Reserve, effective 8 November 2011, with a general, under honorable conditions discharge, under the provisions AR 135-178, by reason of unsatisfactory performance. 3. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Discharge Orders Number 11-307-00010, dated 3 November 2011. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, dated 28 January 2014, Orders Number 11-307-00010, dated 3 November 2011, and an excerpt of AR 635-40, Chapter 5. POST-SERVICE ACTIVITY: The applicant did not provide any in support of his application. REGULATORY AUTHORITY: 1. Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 9 establishes policy and prescribes procedures for separating members for unsatisfactory performance. Specific circumstances include when in the commander’s judgment a Soldier will not develop sufficiently to participate satisfactorily in further training or become a satisfactory Soldier, the seriousness of the circumstances forming the basis for initiation of discharge proceedings is such that the Soldier’s retention would have an adverse impact on military discipline, good order, and morale, there is a likelihood that the Soldier will be a disruptive influence in present or future duty assignments, there is a likelihood that the circumstances forming the basis for initiation of separation proceedings will continue or recur, the ability of the Soldier to perform duties effectively in the future, including potential for advancement or leadership, is unlikely, and the Soldier meets retention medical standards (AR 40-501). 2. Army Regulation 135-178, paragraph 9-6, provides that the service of Soldier discharged because of unsatisfactory performance will be characterized as honorable or general, under honorable conditions. 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 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 the former Soldier’s discharge from the Army. However, the record shows that on 3 November 2011, DA HQS, 81st Regional Support Command, Fort Jackson, SC, discharged the applicant from the Army Reserve, effective 8 November 2011, with a general, under honorable conditions discharge. 3. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated poor duty performance. 4. The applicant contends the type of discharge he received was erroneous based on Army regulations. However, 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 issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discriminated. In fact, the applicant confirms he failed the Army Physical Fitness Test which justifies his discharge under the provisions of AR 135-178, for unsatisfactory performance. The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or evidence has been provided with the request for an upgrade of the discharge. 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, the characterization of service being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 12 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 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) AR20140002442 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1