Applicant Name:   

Application Receipt Date: 2008/05/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states that: "I found out I was pregnant in April 05 and let my NCO and unit know my husband (fiancee at the time) and I did not have a person for a Family Care Plan in Aug 05.  My 1SGT was not there at that drill so I had to wait until Sept 05 drill. I signed my Chapter 8 to get out on preganacy, paperwork Oct 05 and was told to wait for my  seperation orders. I came to drill for the next 2 months (while having servere problems during my pregnancy) until I was enduced Dec 21 2005. I made up Jan 06 drill mid Jan and was told I was still waiting on orders. At Feb 06 drill I was told it was denied months ago and that I HAD to have a Family Care Plan from my Commander I explained due to my family situation I was not able to provide one. I also explained that  was why I asked for a chapter 8.  I explained my family situation and was told to get it in writing. March 06 drill I provide my letter as to why I could not provide a family care plan.  Was told in the mean time while waiting for a decison to fill one out a Family Care Plan  or they would give my child to the state should I be deployed (my husband was already deployed and had been since Aug 05) I refused and explained I did not have anyone. In April 06 I was told to have all the immedate family write statements saying they could not care for our child should my husband and I be deployed at the same time. I May 06 I provided that. Was still being told I HAD TO HAVE a Family Care Plan either way and should fill one out. I explained I pay to much for daycare Mon-Fri because I work fulltime and that it was becoming a  problem finding someone and having to pay them on weekends. That I had expected to be out by now. Got no help from my unit. Continued asking what was taking so long only to be told that I was ony waiting on paperwork. I was unable to come to June drill. Made arrangments to make it up June 8 & 9 with my cilvian job. June 8 no one was there at my unti when I showed up. I came at 8 am. I left and came back 3 times. I had a health issue and when to the ER, had waited and been seen. I came back after lunch around 1300. Was supposed to be working in an NCO's office. Still no one was there.  Was not told she was deployed. Was just told to be in that office on June 8th to make up my drill. So after 1330 I left and went home for the day. June 9 I went back to my cilvian job. July drill my NCO called and I stated to him at that time I was not going to come in. I was still having problems with my health due to my pregnancy. I was caring for my premature daughter. I had no family, no husband, and my unit was not working with me. I was told I would be notified when my paprwork came in.  Had not heard from my unit in months. No phone call and address had not changed at that point. Then I found out a year later my unit had transfered me and had discharged me. I was not EVER notifed of any changes in my status or being transfered. I did try to contact my unit serverals times after I stopped coming to drill and got voicemails or the phone just rang. I did EVERYTHING my unit asked as far as getting this situation taking care of the right way. I did not wait until the last minute but was very up front with the fact I did not have a family situation that would allow me to provide a family care plan. Five months into my pregnancy I even requested a Chapter 8. I even signed paperwork and was told to wait on my seperation orders. My unit did nothing to help me. I do not feel I deserved this dishonorable discharge and asked that it be changed." The applicant provided five supporting documents with her application for the Board's review.

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: 070501   Chapter: NIF       AR: 135-178
Reason: NIF	   RE:     SPD: NIF   Unit/Location: 5045th Garrison, Fort Sill, OK 

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:  17
Current ENL Date: 020507    Current ENL Term: 8 Years  ?????
Current ENL Service: 	4 Yrs, 11Mos, 24Days ?????
Total Service:  		4 Yrs, 11Mos, 24Days ?????
Previous Discharges: 	IADT 021022-030321/UNC
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 92Y10/Unit Supply Specialist   GT: NIF   EDU: HS GRAD   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Lawton, OK
Post Service Accomplishments: None Listed

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 does not contain any of the relevant information that would indicate why she was discharged and the type of discharge she received.  However, the Applicant’s statement indicates she was discharged for unsatisfactory participation after she missed some of her unit drills.  She stated that she received an under other than honorable conditions discharge on 1 May 2007.

       b.  Legal Basis for Separation:  
Army Regulation 135-78 govern procedures covering enlisted personnel management of the Army Reserve.  Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the USAR.  Paragraph 13-1 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, but a general discharge under honorable conditions or an honorable discharge may be granted.











       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available records for the period of enlistment under review, and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The facts and circumstances pertaining to the applicant’s discharge are not contained in the available records and the analyst presumed government regularity in the discharge process.  Furthermore, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the type and/or reason for the separation action from the United States Army Reserve.  If the applicant desires to appear before a personal appearance Board, 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.  Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 6 March 2009         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

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 2    No change 3
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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080008268
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