IN THE CASE OF: BOARD DATE: 27 August 2014 CASE NUMBER: AR20140005395 ___________________________________________________________________________ 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 of his under other than honorable conditions discharge to general, under honorable conditions. 2. The applicant states, in effect, the discharge was unjust because a Staff Sergeant had a personal vendetta against him. The applicant further contends that he reported the harassment; however, no action was taken. The applicant contends that he was reassigned to a unit located in Omaha, Nebraska, which was a 10-hour commute; thus, making it impossible for him to attend drills. The applicant contends that he had no choice but to stop attending reserve drills. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 March 2013 b. Discharge Received: Under Other Than Honorable c. Date of Discharge: 27 June 2005 d. Reason/Authority/SPD/RE Code: NIF, AR 135-178, NIF, NIF e. Unit of assignment: 424th Combat Support Company, Wheeled Vehicle Replacement Platoon, Omaha, NE f. Current Enlistment Date/Term: 1 August 1999, NIF g. Current Enlistment Service: NIF h. Total Service: 5 years, 10 months, 27 days i. Time Lost: NIF j. Previous Discharges: ADT 010223-NIF, (concurrent service) k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 91B, Wheeled Vehicle Mechanic m. GT Score: NIF n. Education: HS Senior o. Overseas Service: NIF p. Combat Service: NIF q. Decorations/Awards: NIF r. Administrative Separation Board: NIF s. Performance Ratings: N/A t. Counseling Statements: NIF u. Prior Board Review: NIF SUMMARY OF SERVICE: The applicant’s record is void of specific facts pertaining to enlistment, reenlistment (if applicable), term of enlistment, and any stateside and overseas 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 27 June 2005, Department of the Army, Headquarters, 89th Regional Readiness Command, Wichita, Kansas 67210-1504, Orders 05-178-00054, discharged the applicant from the United States Army Reserve, effective 27 June 2005, with an under other than honorable conditions discharge. 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: Discharge Order Number 05-178-00054, dated 27 June 2005, Department of the Army, Headquarters, 89th Regional Readiness Command, Wichita, Kansas 67210-1504, discharged the applicant from the United States Army Reserve, effective 27 June 2005. EVIDENCE SUBMITTED BY THE APPLICANT: None provided with the application. POST-SERVICE ACTIVITY: None 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 US 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 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 his 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 authority for separation and 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 his service mitigated the type of discharge he received from the U.S. Army Reserve. 5. The applicant contends his discharge was unjust because he was harrased and discriminated by a Staff Sergeant, and that his reassignment to a unit in another state was a 10-hour commute, making it impossible to attend drills; thus, leaving him no choice but to stop attending reserve drills. His 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. If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the discharge packet is not available in the official record. 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: 27 August 2014 Location: Washington, DC Did the Applicant Testify? No Counsel: None 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: No Change Change RE Code to: No Change 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) AR20140005395 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1