Applicant Name:  

Application Receipt Date: 2009/07/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect:  "The reasons why my Reserve discharge should be changed from Other than to Honorable is because i was discharge by error and was not given proper counsel. I never had a misconduct counseling statement while at [redacted], neither i misbehave at my unit. All i did was requested to be sent back into IRR. I was brought into this reserve unit by a Basic training buddy of mines which happened to be a recruiter at that time. She told me to try the unit and just sign a 4187 and if i had problems commuting from Mahattan to long island to ask to be sent back tino IRR. After a couple of drills, i asked to be sent back to [redacted]. who was the unit SGT, and [redacted]. the supervisor. I asked [redacted] if it was ok if i stayed home attending college which was the reasong i did not reenlisted while on active duty. I always wantd to finish college and come back in as an officer. [redacted] said it was ok. A counseling statement was never given and no reprimands or anything of the nature. Then about 6 months later i received my discharge orders demoting me to PVT from SPC and giving me an Other than Honorable from the reserve. I believe demoting me and giving me an Other than Honorable was unjust. All i asked for was to be sent back to IRR. In my heart i will always be a soldier, which is the reason why i am attending [redacted] since leaving active duty, so i can serve my country again, but as an officer."

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: NIF    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:  West Hazleton, PA
Post Service Accomplishments: Applicant states she is attending college to obtain a criminal justice degree.



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.  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, 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 not receiving proper counsel 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.  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.  
       
       Furthermore, if reenlistment is desired, the applicant should contact the local recruiter to determine her eligibility to reenter the Army.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.  
       
       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: 4 June 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Discharge Order, a self-authored statement, DD Form 214, a character reference letter, DA Form 1059 (AER), three notices of unexused absences, a DA Form 4187 requesting TPU assignment, and a DA Form 4187 promoting her to the grade of E-4/SPC dated 1 March 2007.

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 AR20090012132
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