IN THE CASE OF: Ms. BOARD DATE: 6 February 2015 CASE NUMBER: AR20140003660 ___________________________________________________________________________ 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 her general, under honorable conditions discharge characterization to honorable. 2. The applicant states, in effect, she was advised that after six months her discharge would change to honorable so that she can receive her medical and educational benefits. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 February 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 27 March 2013 d. Reason/Authority/SPD/RE Code: NIF, AR 135-178, NIF, NIF e. Unit of assignment: 90th Aviation Support Battalion, Fort Worth, TX f. Current Enlistment Date/Term: 23 January 2009/6 years g. Current Enlistment Service: 4 years, 2 months, 5 days h. Total Service: 4 years, 2 months, 5 days i. Time Lost: None j. Previous Discharges: USAR, 090123-090407, N/A ADT, 090408-090924, HD (Concurrent Service) k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 92A10, Automated Logistical Specialist m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, ASR, ARCAM r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Army Reserve on 23 January 2009, for a period of 6 years. She was 19 years old at the time of entry and a high school graduate. She completed 4 years, 2 months, and 5 days of active duty service. When her discharge proceedings were initiated, she was serving at Fort Worth, Texas. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the United States Army Reserve. 2. The available record indicates that on 20 March 2013, Department of the Army, Headquarters, 63d Regional Support Command, Mountain View, California, Orders 13-079-00056, discharged the applicant from the United States Army Reserve, effective 27 March 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. DA Form 4187 (Personnel Action), dated 26 June 2011, reflects applicant was reduced to PFC/E-3 per Army Regulation 600-8-19, paragraph 10-4 (inefficiency). 2. Discharge Order Number 13-079-00056, dated 20 March 2013, Department of the Army, Headquarters, 63d Regional Support Command, Mountain View, California 94043-1809, discharged the applicant from the United States Army Reserve effective 27 March 2013. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 19 November 2013, and a copy of her discharge orders from the Army Reserve. POST-SERVICE ACTIVITY: None was provided 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 her discharge was carefully considered. However, after examining the applicant’s record of service, the documents and the 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 her discharge from the Army Reserve. 2. The applicant’s 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. 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 no independent corroborating evidence demonstrating that either the command's action was erroneous or that her service mitigated the type of discharge she received from the US Army Reserve. 5. The applicant’s issue about an upgrade after 6 months of her discharge was carefully considered. However, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. 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: 6 February 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 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) AR20140003660 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1