Applicant Name: ????? Application Receipt Date: 2012/10/16 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he was assigned to a unit that was 100 miles away from his home of record and he tried for a year to get transferred to a unit at Fort Jackson, which was very close to his home of record. He was never given any information on how to do that and was not able to receive any sort of reasonable accommodation to help him attend battle assemblies. He was told to get a hotel and to drive himself to his unit which would have cost more than what he made, which he could not afford and his e-mails to his unit went unanswered for weeks. He wants to pursue a career in law enforcement and is in the process of continuing his education. 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: 120317 Chapter: NIF AR: 135-178 Reason: NIF RE: SPD: NIF Unit/Location: 391th Engineer Battalion, Support Company, Greenville, SC Time Lost: NIF Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 101021 Current ENL Term: 08 Years ????? Current ENL Service: 01 Yrs, 04 Mos, 27 Days ????? Total Service: 02 Yrs, 03 Mos, 17 Days ????? Previous Discharges: USAR 091201-100509/NA ADT 100510-101020/HD (Concurrent Service) Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 91B10 Wheeled Vehicle Mech GT: NIF EDU: GED Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the United States Army Reserve. However, the record indicates that on 12 March 2012, DA HQS, 81st Regional Support Command, Fort Jackson, SC, Orders 12-072-00004, discharged the applicant from the United States Army Reserve, effective: 17 March 2012, with an under other than honorable conditions discharge, under the provisions of AR 135-178. The reason for the applicant’s discharge is not contained in the available record. 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 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, the issues, and the documents 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 applicant's discharge from the United States Army Reserve. However, the record shows that on 12 March 2012, DA HQS, 81st Regional Support Command, Fort Jackson, SC, Orders 12-072-00004, discharged the applicant from the United States Army Reserve, effective: 17 March 2012, with an under other than honorable conditions discharge, under the provisions of AR 135-178. The reason for the applicant’s discharge is not contained in the available record. 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's contentions were carefully considered. However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant 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. Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that 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: 3 April 2013 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 149 dated 12 October 2012 in lieu of a DD Form 293, copies of e-mail messages with various dates. 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 Discussion and Recommendation which follows, the Board determined the discharge to be 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: N/A Other: N/A RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III Colonel, U.S. Army President, Army Discharge Review Board JOSEPH M. BYERS Lieutenant Colonel, U. S. Army Secretary Recorder 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 UOTH - Under Other Than Honorable Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20120019493 ______________________________________________________________________________ Page 1 of 4 pages