IN THE CASE OF: Mr. BOARD DATE: 13 May 2015 CASE NUMBER: AR20140006472 ___________________________________________________________________________ Board Determination and Directed Action 1. 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 that the discharge was improper based on the circumstances surrounding the discharge, in which the applicant was not afforded the opportunity to exercise his rights required in separation proceedings. Such denial constituted a prejudicial error to the rights of the applicant and the discharge is improper. 2. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority. 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 uncharacterized to fully honorable, and to change the narrative reason for his discharge. 2. The applicant states, in pertinent part and in effect, he was erroneously discharged according to the Inspector General’s investigative findings. He was retained for 18 months. He was performing the duties of 96B, intelligence analyst and accruing creditable service for retired pay. He was not afforded counseling prior to his discharge, nor was he notified of his discharge proceedings prior to being discharged. He has a pattern of exemplary post-service conduct and achievements. Therefore, the totality of circumstances surrounding his discharge warrants relief. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 9 April 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 21 September 2001 d. Reason/Authority/SPD/RE Code: AR 135-178, Entry Level Separation e. Unit of assignment: A Co, 325th MI Bn (Ops), Devens, MA f. Current Enlistment Date/Term: 1 December 1999, 8 years (NIF) g. Current Enlistment Service: 1 year, 9 months, 19 days h. Total Service: 1 year, 9 months, 19 days i. Time Lost: NIF j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: None m. GT Score: NIF n. Education: NIF o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the US Army Reserve on 1 December 1999 (NIF), for a period of 8 years. He was 17 years old at the time of entry and there is no record indicating whether he had a high school diploma at time of entry. His enlistment MOS was 35F, Intelligence Analyst. His record documents no acts of valor or significant achievement. He completed 1 year, 9 months, and 19 days of reserve 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 21 September 2001, Department of the Army, Headquarters, US Army 94th Regional Support Command, Ayer, MA, Orders 01-264-006, discharged the applicant from the United States Army Reserve, effective 21 September 2001, with an uncharacterized 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 negative counseling statements or any actions under the Uniform Code of Military Justice. 2. Discharge Orders described at the preceding paragraph 2. SUBMITTED BY THE APPLICANT: The applicant provided a self-authored and notarized statement with discharge orders; DAIG Action on electronic form, dated 15 January 2010; letter of appreciation, dated 10 March 2014; three letters of support; letter, dated 22 April 2013, reference NDSM award; character reference letter, dated 1 December 2011; two certificates of recognition; governor’s citation certificate; associate’s and bachelor’s degree certificates; occupational certificate; two certificates of completing courses; National Advocate Credential certificate; internet article entitled, “Charity Director Honored”; ADRB case report and directive; commander’s award for excellence certificate; basic training certificate; enlistment certificate; discharge orders; applicant’s university transcript; IWS TAPBD-R; and chronological statement of retirement points. POST-SERVICE ACTIVITY: The applicant states, in effect, he has a pattern of exemplary post-service conduct and achievements, and provided documentary evidence of his achievements. 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 available military records, the documents and the issues submitted with the application, there are sufficient 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 record supports a conclusion that the applicant’s discharge is now inequitable based on the following factors: a. Overall Length and Quality of the Applicant's Service: He has served over 18 months prior to his discharge and successfully completed basic training. During his service, he was performing the duties of 96B, intelligence analyst and accruing creditable service for retired pay. He was awarded the NDSM and a Commander’s Award for Excellence, dated 5 July 2000. b. The service record indicates he was retained pending receipt of a security clearance for his attendance to MOS training. c. Post Service Accomplishments: He served in several corporate positions at the senior management level and served as a local law enforcement officer. He obtained his associate’s and bachelor’s degrees, magna cum laude, and has been admitted to a doctorial program. He has also been inducted into several honor societies. He has successfully completed two law enforcement academies and was recognized for his excellence in leadership. He completed numerous training courses. He currently serves as an executive director of a relief services and teaches drug awareness courses. He has received several recognitions from three states, including being awarded the Presidential Volunteer Service Award (Gold Level) and the President’s Call to Service Award for his extensive volunteer services. 3. In view of the foregoing, it appears the characterization is now inequitable and it is recommended the Board grant relief in the form of an upgrade of the characterization of service to honorable. 4. In addition, the discharge is determined to be improper based on the findings of an inquiry to DA Inspector General which indicates the applicant was inequitably discharged from the Army Reserve because discharge proceedings were initiated based on security reasons, that he was not afforded due process prior to his discharge, and that his security clearance had not been denied at the time when the separation proceedings were initiated. Therefore, it is recommended that the board grant further relief by changing the narrative reason for separation to Secretarial Authority. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 13 May 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 Reason Change: 4 No Change: 1 (Board member names available upon request) Board Action Directed: Issue a new Discharge Order: Yes Change Characterization to: Honorable Change Reason to: Secretarial Authority Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: TO: ARBA Promulgation Team. Arlington, VA Date: 13 May 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 Honorable. ( X ) Change Narrative Reason to Secretarial Authority. 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) AR20140006472 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1