IN THE CASE OF: Ms. BOARD DATE: 25 August 2014 CASE NUMBER: AR20140010956 ___________________________________________________________________________ Board Determination and Directed Action 1. After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation which follows, the Board determined the applicant’s discharge was improper due to the circumstances surrounding the processing of her discharge. 2. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority. 3. This action entails a change to the reentry eligibility (RE) code to 1 and restoration of rank/grade to SPC/E-4. 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 her service from under other than honorable to fully honorable and to change the narrative reason for her discharge. 2. The applicant states, in pertinent part and in effect, the e-mail correspondence between her counsel and an LTC documents errors found in her case. Accordingly, her orders were to be rescinded but it did not occur. The e-mails and conversations she had with anyone regarding this matter are also available. (Note that the applicant outlined the verbatim contents of the e-mail message, dated 24 October 2012.) DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 12 June 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 6 June 2012 d. Reason/Authority/SPD/RE Code: AR 135-178 e. Unit of assignment: 83rd MP Co (Guard), Fort Bliss, TX f. Current Enlistment Date/Term: 26 April 2008, 8-year-MSO g. Current Enlistment Service: 4 years, 1 month, 11 days h. Total Service: 5 years, 7 months, 20 days i. Time Lost: NIF j. Previous Discharges: RA (061017-080425) / HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 31B10, Military Police m. GT Score: 96 n. Education: HS Graduate o. Overseas Service: Germany p. Combat Service: NIF q. Decorations/Awards: NDSM; GWOTSM; ASR r. Administrative Separation Board: NIF s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant was transferred to U.S. Army Reserve Control Group upon being discharged from the Regular Army on 26 April 2008, to serve remaining military service obligation or until 30 July 2014. She was 21 years old at the time of the transfer and a high school graduate. She was trained in and awarded military occupational specialty (MOS) 31B10, Military Police. She served in Germany. Her record documents no acts of valor or significant achievement. She completed 5 years, 7 months, and 20 days of reserve and active duty 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 her discharge from the United States Army Reserve. 2. The record indicates that on 30 May 2012, Department of the Army, Headquarters, 6th Regional Support Command, Mountain, CA, Orders 12-151-00057, discharged the applicant from the United States Army Reserve, effective 6 June 2012, with an under other than honorable conditions discharge. There are no “additional instructions.” 3. The applicant’s service record does not contain any specific evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge orders outlined at the preceding paragraph 2. 2. There are no negative counseling statements or actions under the Uniform Code of Military Justice. EVIDENCE SUBMITTED BY THE APPLICANT: 1. The applicant provided with her online application, e-mail correspondences, dated 8 April 2013, 1 March 2013, 28 January 2013, 16 January 2013, 10 January 2013, 7 January 2013, 11 December 2012, 21 November 2012, 26 October 2012, and 24 October 2012. 2. Additional documents, received 5 August 2014: e-mail, dated 7 September 2012; discharge orders; UA checklist; separation packet (consisting of: notification memorandum, dated 21 July 2011; incomplete election of rights; incomplete conditional waiver request; affidavit of service by mail, dated 21 July 2011; certified mail receipt, dated 21 July 2011; incomplete return receipt; a brief statement regarding RST time; LES for 24 February 2012; additional brief statement; LES for 4 April 2012; two memoranda, dated 20 March 2012 and 1 June 2012, subject: Employer Notification Letter for Military Duty; DA Reserve Health Readiness Program, dated 1 April 2012; e-mail, dated 31 July 2014 and 27 May 2011; e-mail, dated 1 March 2013, 28 January 2013, 16 January 2013, 10 January 2013, 7 January 2013, 21 November 2012, and 26 October 2012; and e-mail, date 8 April 2013. 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 her discharge and to change the narrative reason for her discharge was carefully considered. However, after examining the applicant’s record of service, and the documents and issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or a change to the narrative reason for her discharge. The service record is void of the specific facts and circumstances concerning the events which led to her 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 insufficient corroborating evidence demonstrating that either the command's action was erroneous or that her service mitigated the type of discharge she received from the U.S. Army Reserve. 5. The applicant’s contends errors in her separation proceedings were found and her separation orders were to be rescinded accordingly; however, the rescission did not occur. Her contentions were carefully considered. Although she provided a memorandum notifying her of an initiation of a separation action under the provisions of chapter 13, AR 135-178, for unsatisfactory participation, the burden of proof remains with the applicant to provide the appropriate documents such as the complete discharge packet or other evidence sufficient to explain the specific errors upon which it was determined that her separation orders were to be rescinded, for the Board's consideration at her personal appearance Board. Although she is scheduled for a personal appearance hearing, it would still be her responsibility to meet the burden of proof since the complete discharge packet is not available in the official record. Moreover, the applicant’s statements with insufficient evidence do not overcome the government’s presumption of regularity. 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. Board Determination and Directed Action 1. After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation, the Board determined the applicant’s discharge was improper due to the circumstances surrounding the processing of her discharge. 2. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority. 3. This action entails a restoration of rank/grade to SPC/E-4. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Personal Appearance Date: 25 August 2014 Location: Washington, DC Did the Applicant Testify? Yes Counsel: None Witnesses/Observers: None DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted the following additional documents: DD Form 214 – 1 page 2. The applicant presented no additional issues. 3. In addition to the evidence in the record, the Board carefully considered the additional document and testimony presented by the applicant at the personal appearance hearing. Board Vote: Character Change: 5 No Change: 0 Reason Change: 5 No Change: 0 (Board member names available upon request) Board Action Directed: Issue a new Discharge Order: Yes Change Characterization to: Honorable Change Reason to: NA Change Authority for Separation: AR 135-178, Chapter 14 Change RE Code to: NA Grade Restoration to: SPC/E-4 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) AR20140010956 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1