Applicant Name: ????? Application Receipt Date: 2011/12/07 Prior Review: Prior Review Date: 100604, denied. I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that she is requesting an upgrade of her discharge, a change to the reason for the discharge and a change to her reentry code. 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: 080113 Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participation RE: SPD: NIF Unit/Location: HHC, 306th MP Bn, Uniondale, NY Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 24 Current ENL Date: 070114 Current ENL Term: 8 Years ????? Current ENL Service: 01 Yrs, 00Mos, 00Days ????? Total Service: 04 Yrs, 11Mos, 01Days ????? Previous Discharges: RA 030114-061214/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 42A10/Human Resources Spc GT: 83 EDU: HS Grad Overseas: Korea Combat: None Decorations/Awards: AAM-2, NDSM, AGCM, GWOTSM, KDSM, OSR, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: Applicant states she is a corrections specialist. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the Army Reserve. The record indicates that on 14 January 2008, DA HQS, 77th Regional Readiness Command, Fort Totten, NY, Orders number 08-014-00015, discharged the applicant from the Army Reserve, effective 13 January 2008 (VOCO), with an under other than honorable conditions discharge. The record contains a properly constituted Order which indicates the applicant was discharged with a characterization of service of under other than honorable conditions. b. Legal Basis for Separation: Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve. Chapter 13 of that regulation 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 occur during a 1 year period. 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. c. Response to Issues, Recommendation and Rationale: The analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army. The applicant submitted additional documentation that indicate she was absent from several scheduled unit training assemblies. Since all the facts and circumstances pertaining to the applicant’s discharge are not contained in the available records, the analyst presumed government regularity in the discharge process. On 14 January 2008, DA HQS, 77th Regional Readiness Command, Fort Totten, NY, discharged the applicant from the Army Reserve, effective 13 January 2008 (VOCO), with an under other than honorable conditions discharge. The applicant's contentions about being unjustly discharged were carefully considered. However, the analyst is unable to determine whether her contentions have merit because the facts and circumstances leading to the discharge are not in the official record. The burden of proof remains with the former Soldier to provide all the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. Furthermore, the analyst noted the applicant's issue about reinstatement of her rank to SPC/E-4; however, the correction the applicant requests does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. Finally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears 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: 9 April 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: DA Form 4187, certificates from the Department of Corrections, orders, DD Form 214, a self-authored statement, character reference letters, letter of recommendation, employment certification, and unexcused absence report, . VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant's record of service during the period of enlistment under review, hearing her testimony, and notwithstanding the analyst's recommendation and rationale, the Board determined that the applicant's length and quality of her service (4 years and 11 months) to include her awards of two Army Achievement Medals, mitigated the discrediting entries in her service record. Accordingly, the Board voted to grant relief in the form of a partial upgrade of the characterization of service to general, under honorable conditions. However, the Board determined that the reason for discharge and the reentry code were proper and equitable and voted not to change it. IX. Board Decision Board Vote: Character - Change 4 No change 1 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Promulgation Team, Arlington, VA issue a new discharge order to the applicant which reflects the directed changes. RE Code: Grade Restoration: No Yes Grade: E-4/SPC XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder 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 AR20120023575 ______________________________________________________________________________ Page 1 of 3 pages