IN THE CASE OF: Mr. BOARD DATE: 20 March 2015 CASE NUMBER: AR20140006810 ___________________________________________________________________________ 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 discharge characterization from under other than honorable conditions to general, under honorable conditions. 2. The applicant states, in effect, he gave reasons why drills were missed and offered to make them up but was not given the opportunity to do so. He had sick and bed ridden immediate family members and had to help with their care; he also had a car accident on the way to a drill. He left numerous messages for the UA, but never heard anything or ever received answers why he could not make up his drills. He desires an upgrade of his discharge to reenlist in the active Army instead of the Reserve. DISCHARGE UNDER REVIEW INFORMATION: a. a. Application Receipt Date: 14 April 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 28 December 2011 d. Reason/Authority/SPD/RE Code: NIF, AR 135-178, NA e. Unit of assignment: 805th Military Police Company, Rocky Mount, NC f. Current Enlistment Date/Term: 31 July 2008, 8 years g. Current Enlistment Service: 3 years, 4 months, 28 days h. Total Service: 3 years, 4 months, 28 days i. Time Lost: NIF j. Previous Discharges: NIF k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 31B10, Military Police m. GT Score: NIF n. Education: 11 years o. Overseas Service: NIF p. Combat Service: None q. Decorations/Awards: NIF 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 US Army Reserve on 31 July 2008, for period of 8 years. He was 17 years old at the time of entry and had not completed high. He was ordered to initial active duty training (IADT) (the dates are not in the file); he was trained in and awarded Military Occupational Specialty (MOS) 31B10, Military Police. Upon completion of training he was released back to his unit, the characterization of service was not in the file. His record does not contain any evidence of acts of valor or meritorious achievements; and he achieved the rank of SPC/E-4. He was serving in Rocky Mount, NC, when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record is void of the specific facts and circumstances concerning the events which led to his discharge from the US Army Reserve. 2. The available evidence in the record indicates on 23 December 2011, DA, Headquarters, 81st Regional Support Command, Rocky Mount, NC, Orders 11-357-00035, discharged the applicant from the US Army Reserve, effective 28 December 2011, with an under other than honorable conditions discharge. The applicant was reduced to the lowest enlisted rank. 3. The record contains a properly constituted discharge order which indicates the applicant was discharged under the provisions of AR 135-178, with a characterization of service of under other than honorable conditions. 4. The applicant’s service record does not contain any evidence of unauthorized absences, time lost, negative counseling statements or any actions under the Uniform Code of Military Justice (UCMJ). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Reduction/Discharge Orders number 11-357-00035, dated 23 December 2011. 2. Enlistment/Reenlistment document, dated 31 July 2008. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application (six pages). POST-SERVICE ACTIVITY: The applicant did not provide any information with the application. REGULATORY AUTHORITY: 1. Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve. Chapter 13 provides in pertinent part, that individuals can be separated for being an unsatisfactory participant. Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills accrue during a 1 year period and attempts to have the Soldier respond or comply with orders or correspondence have resulted in the Soldier’s refusal to comply with orders or correspondence; or a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed. Discharge action may be taken when the Soldier cannot be located or is absent in the hands of civil authorities in accordance with the provisions of AR 135-91, paragraph 2-18, and Chapter 3, section IV, of AR 135-178. 2. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general discharge under honorable conditions or an honorable discharge may be granted. 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, his available military records and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. 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 US Army Reserve. However, the record shows on 23 December 2011, DA, Headquarters, 81st Regional Support Command, Rocky Mount, NC, Orders 11-357-00035 discharged the applicant from the Army Reserve, with an under other than honorable conditions discharge. 3. Barring evidence to the contrary, the presumption of government regularity shall prevail, as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 4. The applicant contends he gave reasons why drills were missed and offered to make them up but was not given the opportunity to do so; he had sick and bed ridden immediate family members and had to help with their care; he also had a car accident on the way to a drill; he left numerous messages for the UA, but never heard anything or ever received answers why he could not make up his drills. These contentions were carefully considered; however, there is insufficient evidence available in the official record to make a determination as whether they have merit. 5. Further, 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 this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. 6. The applicant desires an upgrade of his discharge to reenlist in the active Army instead of the Reserve. At the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. 7. 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. 8. Therefore, based on the available evidence and the presumption of government regularity, it appears that based on the discharge order, the characterization of service was both proper and equitable; the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 20 March 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 0 No Change: 5 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue new Discharge Orders: 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) AR20140006810 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1