IN THE CASE OF: BOARD DATE: 20 May 2015 CASE NUMBER: AR20140009426 ___________________________________________________________________________ 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 to upgrade the characterization of his service from general, under honorable conditions to fully honorable. 2. The applicant states, in effect, he made a wrong decision to use marijuana during a difficult period in his life. He was going through a divorce which emotionally devastated him. He deeply regrets the method he chose to help him. He has learned from his mistakes, and would like reconsideration of his discharge because he would like to reenlist. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 27 May 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 26 February 2012 d. Reason/Authority/SPD/RE Code: AR 135-178 e. Unit of assignment: CSH CO A, 865th MC Hosp, Niagara Falls, NY f. Current Enlistment Date/Term: 9 February 2007, 6 years g. Current Enlistment Service: 5 years, 0 months, 18 days h. Total Service: 5 years, 0 months, 18 days i. Time Lost: NIF j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 68P10, Radiology Specialist m. GT Score: NIF n. Education: One year of college o. Overseas Service: NIF p. Combat Service: NIF q. Decorations/Awards: AAM r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Army Reserve on 9 February 2007, for a period of 6 years. He was 21 years old at the time of entry and had a year of college. He was trained in and awarded military occupational specialty (MOS) 68P10, Radiology Specialist. His record documents no acts of valor or significant achievement. He completed 5 years and 18 days of reserve 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 on 19 January 2012, Department of the Army, Headquarters, 99th Regional Support Command, Fort Dix, NJ, Orders 12-019-00016, discharged the applicant from the United States Army Reserve, effective 26 February 2012, with general, under honorable conditions discharge. 3. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There are no negative counseling statements or any actions under the Uniform Code of Military Justice. 2. Discharge Orders described at the preceding paragraph 2. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided none. POST-SERVICE ACTIVITY: The applicant provided none. 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 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. 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 available 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 events which led to his discharge from the Army Reserve. 2. The applicant’s record contains a properly constituted set of Orders which was authenticated by the appropriate military authority. This document identifies 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 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 would still be his responsibility to meet the burden of proof since the discharge packet is not available in the official record. 6. The applicant contends that he was having family issues, such as going through a divorce which emotionally devastated him and affected his behavior, and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record, nor has he produced any evidence that he ever sought such assistance before committing the misconduct which led to the separation action under review. 7. In essence, the applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. 8. The applicant contends he would like to rejoin a branch of the armed forces. The Board does not grant relief for the purpose of qualifying the applicant for reenlistment. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former Service Member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility, if appropriate. 9. 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: 20 May 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 a new Discharge Order: 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: 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 FG - Field Grade IADT – Initial Active Duty Training RE - Reentry Honorable Conditions ADRB Case Report and Directive (cont) AR20140009426 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1