Applicant Name: ????? Application Receipt Date: 2011/10/07 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant, states in effect, that he was unfairly discharged because it was based on an isolated incident in over 50 months of good service without any other negative actions. He was on a non-deployable status at the time of his discharge. He requests an upgrade of his characterization to general under honorable conditions. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 100316 Chapter: NIF AR: 135-178 Reason: Not In File RE: SPD: NA Unit/Location: 450th EN Co, Fort Thomas, KY Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 25 Current ENL Date: 090615 Current ENL Term: NIF Years ????? Current ENL Service: 00 Yrs, 09 Mos, 02 Days ????? Total Service: 05 Yrs, 04 Mos, 15 Days ????? Previous Discharges: RA 041102-090615/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 21B10/Combat Engr GT: 111 EDU: HS Grad Overseas: SWA Combat: Iraq x 2 (080312-090311 and 051210-061128) Decorations/Awards: ARCOM-2, AAM-2, NDSM, ICM-2, GWOTSM, ASR, OSR-2, CAB V. Post-Discharge Activity City, State: Lima, OH Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve. The record indicates that on 16 March 2010, DA HQS, 81st Regional Readiness Command, Fort Jackson, SC, Orders number 10-075-00091, discharged the applicant from the Army Reserve, effective 16 March 2010, with an under other than honorable conditions characterization of service. b. Legal Basis for Separation: 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. 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. 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. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available records for the period of enlistment under review, and the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. 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 Reserve. However, the record shows that on 16 March 2010, DA HQS, 81st Regional Readiness Command, Fort Jackson, SC, Orders number 10-075-00091, discharged the applicant from the Army Reserve, effective 16 March 2010, with an under other than honorable conditions characterization of service. All the facts and circumstances pertaining to the applicant’s discharge are not contained in the available records and the analyst presumed government regularity in the discharge process. The applicant contends that he was unfairly discharged because he was in a non-deployable status and had served over 50 months without any other adverse actions. 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 her issue. There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that she was unjustly discharged. The applicant’s statements alone do not overcome the government’s presumption of regularity and he has not provided any documentation (i.e., discharge packet) or further evidence in support of his request for an upgrade of the discharge under review. The analyst is unable to determine the specific facts and circumstances related to the applicant’s discharge. The burden of proof remains with the former Soldier to provide the appropriate documents 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 his responsibility to meet the burden of proof since the evidence is not available in the official record. Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 28 March 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: USAR deployment stabilization statement. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision Board Vote: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder ????? Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20110021351 ______________________________________________________________________________ Page 1 of 3 pages