Applicant Name: ????? Application Receipt Date: 2011/12/19 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that she requests an upgrade of her discharge to general, under honorable conditions or fully honorable. She contends being the only family member to care for her younger siblings that she obtained custody of through Child Protective Services (CPS) and that is the reason she could not attend drills. She further contends asking the unit to allow her to transfer to another unit for drills, the unit did not attempt to accommodate her. She also contends applying for a job with the Arizona State Corrections and was denied because of her discharge. She additionally contends she was unaware of her discharge until after being denied employment. 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: NIF Date: NIF Discharge Received: Date: 110307 Chapter: NIF AR: 135-178 Reason: NIF RE: SPD: NA Unit/Location: 56th Military Police Company (Cbt Spt), Mesa, AZ Time Lost: NIF 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: 18 Current ENL Date: 070919 Current ENL Term: 08 Years ????? Current ENL Service: 03 Yrs, 05 Mos, 19 Days ????? Total Service: 03 Yrs, 05 Mos, 19 Days the analyst utilized the applicant's enlistment contract, DD Form 214 and separation orders for computing the period of enlistment under review and the total service. Previous Discharges: USAR-070920-071107/NA ADT-071108-080410/HD USAR-080411-110307/UOTH Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 31B10 Military Police GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant's discharge from the United States Army Reserve are not contained in the available records. On 2 March 2011, DA, HQS, 63rd Regional Support Command, Mountain View, CA, Orders 11-061-00075, discharged the applicant from the United States Army Reserve, effective date: 7 March 2011, with an under other than honorable conditions discharge. The applicant was to be reduced to the lowest enlisted rank. b. Legal Basis for Separation: 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. 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. 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. 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, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge and a change to the narrative reason for separation. All the facts and circumstances pertaining to the applicant’s discharge from the United States Army Reserve are not contained in the available records. On 2 March 2011, DA, HQS, 63rd Regional Support Command, Mountain View, CA, Orders 11-061-00075, discharged the applicant from the United States Army Reserve, effective date: 7 March 2011. 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 applicant contends being the only family member to care for her younger siblings that she obtained custody of through Child Protective Services (CPS) and that is the reason she could not attend drills; she further contends asking the unit to allow her to transfer to another unit for drills, the unit did not attempt to accommodate her; and she was unaware of her discharge until after being denied employment. The analyst is unable to determine whether this contention has merit because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant 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. Further, the analyst found no evidence of arbitrary or capricious actions by the command. 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 applicant also contends applying for a job with the Arizona State Corrections and was denied because of her discharge. 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 based on the discharge orders, the characterization of service was both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 13 June 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated (111206); and E-mail traffic, six (6) pages. 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 Board Vote: Character - Change 0 No change 5 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III 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 AR20110024835 ______________________________________________________________________________ Page 3 of 3 pages