IN THE CASE OF: Mr. BOARD DATE: 15 April 2015 CASE NUMBER: AR20140005833 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the counsel'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 under other than honorable conditions discharge characterization to honorable. 2. The counsel states on behalf of the applicant, in effect, the discharge is improper because the applicant was changing units and the 344th Military Police (MP) Company never counseled him or sent him the proper paperwork. The applicant was demoted and discharged. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 April 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 23 September 2010 d. Reason/Authority/SPD/RE Code: AR 135-178, Chapter NIF e. Unit of assignment: 344th MP Company, New Haven, CT f. Current Enlistment Date/Term: 4 January 2006, 8 years g. Current Enlistment Service: 4 years, 3 months, 18 days h. Total Service: 4 years, 8 months, 12 days i. Time Lost: None j. Previous Discharges: USAR 060104-060705/NA ADT 060706-061130/HD USAR 061201-080417/NA ADT 080418-090504/HD (Concurrent Service) k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 31B10, Military Police m. GT Score: NIF n. Education: NIF o. Overseas Service: SWA p. Combat Service: Iraq (080626-090410) q. Decorations/Awards: ARCOM, AAM, AGCM, NDSM, ICM-CS, GWOTSM, AFRM-Wm-Device, ASR, OSR r. Administrative Separation Board: NIF s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the United States Army Reserve (USAR) for a period of 8 years. He was 17 years old at the time of entry. He served 4 year, 8 months, and 12 days in the USAR. He served 9 months and 15 days in Iraq. The record does not contain any evidence of acts of valor or meritorious achievement. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. 2. On 16 September 2010, Department of Army, Headquarters, 99th Regional Support Command, Fort Dix, New Jersey 08640-5730, issued the applicant Orders 10-259-00008 reducing him in grade of rank from a SPC/E-4 to the rank of PV1, effective 16 September 2010, and later discharging him from the USAR effective 23 September 2010. 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. The applicant’s record contains orders properly constituted from 99th Regional Support Command discharging the applicant from the USAR on 23 September 2010, with a characterization of service as under other than honorable conditions. 2. Character reference letter, dated 9 May 2012, indicates the applicant had solid work ethics while serving in Iraq and took on more leadership roles and responsibilities than others of the same rank. EVIDENCE SUBMITTED BY THE COUNSEL: The counsel provided a DD Form 293, dated 24 March 2014; a character reference letter, dated 9 May 2014; DD Form 214 for the period of service ending (080418-090504); a DD 215, dated 16 May 2010; and, Orders 10-259-00008, dated 16 September 2010. POST-SERVICE ACTIVITY: The counselor did not provide any on behalf of the applicant with the 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 12 establishes policy and prescribes procedures for separating members for misconduct. 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. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. 2. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. DISCUSSION AND RECOMMENDATION: 1. The counsel’s request for an upgrade of the characterization of the applicant’s discharge was carefully considered. However, after examining the applicant’s record of service, the documents and the issue 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. 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 counsel on behalf of 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 Army Reserve. 5. The counsel contends the discharge is improper because the applicant was changing units and the 344th Military Police (MP) Company never counseled him or sent him the proper paperwork. The applicant’s 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. 6. 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. 7. 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: 15 April 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: Yes [redacted] Witnesses/Observers: NA Board Vote: Character Change: 2 No Change: 3 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) AR20140005833 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1