IN THE CASE OF: BOARD DATE: 20 October 2014 CASE NUMBER: AR20140012911 ___________________________________________________________________________ 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 (UOTHC) discharge to honorable or general, under honorable conditions. 2. The applicant states, in effect, he is requesting an upgrade of his discharge because he believes his service is not characterized correctly. He contends he would like to rejoin military service. He states he never had any disciplinary actions or Article 15s imposed against him and do not feel he should have received a UOTHC. He further contends, he was young and had many issues in his life when he attempted to join the military. He states he would like to serve his country and has bettered himself since being out of the military by attending college. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 21 July 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 19 June 2010 d. Reason/Authority/SPD/RE Code: Misconduct (Other), AR 135-178, NIF, NIF e. Unit of assignment: 160th Military Police Battalion, Tallahassee, FL f. Current Enlistment Date/Term: 7 November 2008/8 years g. Current Enlistment Service: 1 year, 7 months, 12 days h. Total Service: 1 year, 7 months, 12 days i. Time Lost: None j. Previous Discharges: USAR, 081107-081229, NA ADT, 081230-090505, UNC (Concurrent service) k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 92Y10, Unit Supply Specialist m. GT Score: 108 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, ASR r. Administrative Separation Board: NIF s. Performance Ratings: NA t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the United States Army Reserve (USAR) on 7 November 2008, for a period of 8 years. He was 17 years old at the time of entry and a High School Graduate. His record is void of any significant acts of valor or achievement. He completed a total of 1 year, 7 months, and 12 days of creditable military service. When his discharge proceedings were initiated, he was serving in Tallahassee, Florida. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record is void of the specific facts and circumstances concerning the events which led to the discharge from the USAR. However, the record contains Discharge Orders Number 10-163-00008, dated 12 June 2010, Department of the Army, Headquarters, 81st Regional Support Command, Fort Jackson, SC. 2. Discharge Orders Number 10-163-00008 indicates that on 12 June 2010, the applicant was reduced to the lowest enlisted grade and discharged under the provisions of AR 135-178, effective 19 June 2010, from the USAR with a characterization of service as under other than honorable conditions. 3. The applicant’s available record does not show any recorded actions under the UCMJ, unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge Orders Number 10-163-00008, dated 12 June 2010. 2. IWS Personnel Actions printout reflects the applicant was involuntarily discharged for misconduct (other). 3. DA Form 5500 (Body Fat Content Worksheet-Male), dated 26 March 2013, reflects the applicant failed to meet the height/weight standards. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 15 July 2014, Orders Number 10-163-00008, dated 12 June 2010, IADT Orders Number 8365018, dated 20 December 2008, a DD Form 214, his birth certificate, a law enforcement officer certification, his high school diploma, a perfect attendance award, dated 16 July 2013, a copy of his OMPF, and a DA Form 5500, dated 26 March 2013. POST-SERVICE ACTIVITY: The applicant states he has attended college since his discharge. REGULATORY AUTHORITY: 1. Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 12 establishes policy and prescribes procedures for separating members for misconduct. 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. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. 2. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. 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 documents 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 his discharge from the USAR. However, the record does contain a properly constructed discharge order, which indicates the applicant was separated from the USAR under the provisions of AR 135-178 with an UOTHC. 3. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. 4. The applicant's contentions were carefully considered. However, a determination as to the merit of these contentions cannot be made because 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. It is the applicant’s responsibility to meet the burden of proof since the discharge packet is not available in the official record. 5. The applicant contends that he was young and had many problems at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. Further, the record of evidence does not demonstrate that he sought relief for his issues through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 6. The applicant desires to rejoin military service. However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. 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: 20 October 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) AR20140012911 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1