Applicant Name: ????? Application Receipt Date: 2009/07/08 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states "Because my unit showed no support for me. Certain NCO's had their own agenda's of getting me out of the military. I felt that I was getting slammed for my actions and not helped in the correct way." Additionally, the applicant would like to again serve with the US Military." II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 071217 Chapter: NIF AR: 135-178 Reason: NIF RE: SPD: NIF Unit/Location: 6015 USAR Garr Spt Unit (-), Forest Park, IL Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 25 Current ENL Date: 051102 Current ENL Term: NIF Years ????? Current ENL Service: 02 Yrs, 01Mos, 16Days ????? Total Service: 08 Yrs, 01Mos, 20Days ????? Previous Discharges: RA-991028-030401/HD USARCG-030402-051101/NA Highest Grade: E4 Performance Ratings Available: Yes No MOS: 92G10/Food Service Specialist GT: 95 EDU: HS Grad Overseas: Germany (Prior Period of Service) Combat: None Decorations/Awards: NDSM, ASR, OSR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the United States Army Reserve. However, on 17 December 2007, DA, HQ, 88th Regional Readiness Command, Fort Snelling, MN, Orders 07-351-00052, discharged the applicant from the United States Army Reserve, effective date: 17 December 2007, with an under other than honorable conditions discharge. b. Legal Basis for Separation: Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records during the period of enlistment under review and the issues she submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the United States Army Reserve. However, on 17 December 2007, DA, HQ, 88th Regional Readiness Command, Fort Snelling, MN, Orders 07-351-00052, discharged the applicant from the United States Army Reserve, effective date: 17 December 2007, with an under other than honorable conditions discharge. This document identifies the characterization of the discharge and the analyst presumed government regularity in the discharge process. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The analyst noted the applicant's contentions that her unit showed no support for her. However, the analyst is unable to determine whether her contentions have merit because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the former Soldier to provide the appropriate documents 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 will still be her responsibility to meet the burden of proof since the evidence is not available in the official record. Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 19 May 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: Unsigned statement, DD Form 214 for the period ending (030401) and discharge order from the United States Army Reserve dated (071217). VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090012000 ______________________________________________________________________________ Page 1 of 3 pages