IN THE CASE OF: Mr. BOARD DATE: 24 April 2015 CASE NUMBER: AR20140008345 ___________________________________________________________________________ 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 general, under honorable conditions discharge characterization of service to honorable. 2. The applicant states, in effect, he requested to be transferred to the Individual Ready Reserve (IRR) in 2007, in order to accept employment as a contractor to work overseas. He states, he obtained a release letter from his unit and departed for his overseas work location. He states, he was separated from the Army but had no knowledge of his discharge until he returned from Kuwait in 2014. He desires to reenlist in the military. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 6 May 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 30 October 2008 d. Reason/Authority/SPD/RE Code: Unsatisfactory Participant, AR 135-178, NIF, NIF e. Unit of assignment: 302nd Transportation Company, Fort Eustis, VA f. Current Enlistment Date/Term: 3 July 2001/8 years g. Current Enlistment Service: 7 years, 3 months, 28 days h. Total Service: 7 years, 3 months, 28 days i. Time Lost: NIF j. Previous Discharges: USAR, 010703-050706, NA AD, 050707-060808, HD (Concurrent Service) k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 88N, Traffic Management Coordinator m. GT Score: NIF n. Education: HS Letter o. Overseas Service: SWA p. Combat Service: Kuwait (050813-060713) q. Decorations/Awards: ARCOM, ARCAM, NDSM, GWOTEM, GWOTSM, AFRM, AFRM-M, ASR, OSR, r. Administrative Separation Board: NIF s. Performance Ratings: Yes t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the US Army Reserve (USAR) on 3 July 2001, for a period of 8 years. He was 17 years old at the time of entry and had a high school letter. He served in Kuwait and earned an ARCOM, ARCAM, AFRM, and a AFRM-M. He completed 7 years, 3 months, and 28 days of creditable military service. When his discharge proceedings were initiated, he was serving in Fort Eustis, VA. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record is void of the complete facts and circumstances concerning the events which led to his discharge from the USAR. 2. The available evidence in the record indicates that on 23 October 2008, DA Headquarters, 377th Theater Sustainment Command, Belle Chasse, Louisiana, Orders Number 08-297-00005, discharged the applicant from the USAR, effective 30 October 2008, with a general, under honorable conditions discharge. 3. The record contains a properly constituted order which indicates the applicant was discharged under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participation, with a characterization of service of general, under honorable conditions. 4. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge Order Number 08-297-00005, dated 23 October 2008. 2. One NCOER covering the period 1 December 2006 through 30 November 2007. The applicant was rated as “Marginal” rating from his rater and a “5/5” rating from his senior rater for “Overall Performance/Overall Potential.” EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 3 May 2014, Orders Number 08-297-00005, employment agreements, dated 8 March 2007 and 2 October 2008, a memorandum, dated 4 December 2007, and a resume. POST-SERVICE ACTIVITY: The applicant states he has been employed as a contractor in Kuwait. 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 acrue 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 military records, the issues and documents 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 Army. However, the record shows that on 23 October 2008, DA Headquarters, 377th Theater Sustainment Command, Belle Chasse, LA, discharged the applicant from the USAR, effective 30 October 2008, with a general, under 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's contentions that he received a release letter and transferred to the IRR were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant’s statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. 5. The applicant desires to rejoin the Military Service. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. 6. 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. 7. Therefore, based on the available evidence and the presumption of government regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 24 April 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 2 No Change: 3 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: 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) AR20140008345 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1