Applicant Name:  ?????

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

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states that her discharge is inequitable based on her documented case of personal hardship that led to unsatisfactory participation due to her mother's illness and eventual death, which reqiured her to provide full time for her siblings.  Also, the applicant relates she was model Soldier prior to her mother's illness.  She contends she tried to do the right thing, but no one was willing to help her. The applicant requests her reentry eligibility (RE) code be changed for VA benefits eligibility.  

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: 070304   Chapter: 13      AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: 77th Regional Readiness Command (TTHS Account), Fort Totten, NY 

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:  17
Current ENL Date: 000518    Current ENL Term: 08 Years  ?????
Current ENL Service: 	06 Yrs, 09Mos, 17Days ?????
Total Service:  		06 Yrs, 09Mos, 17Days The analyst utilized the applicant's enlistment contract and separation orders for computing the period of enlistment under review and the total service.
Previous Discharges: 	NIF
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 71L10 Administrative Spec    GT: NIF   EDU: 10 Years   Overseas: None   Combat: None
Decorations/Awards: NIF

V.  Post-Discharge Activity
City, State:  Bronx, NY 
Post Service Accomplishments: The applicant claims that she is the third year of law school.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 4 October 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 135-138, by reason of unsatisfactory participation, with a general, under conditions discharge.  
       
       She was advised of her rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, waived consideration of her case by an administrative separation board, and  submitted statements in her own behalf.  The applicant's notification memorandum and her election of rights are contained in the available record. However; they are unsigned and the analyst presumed government regularity in the discharge process.  
       
       The separation approving authority's documentation directing that the applicant be discharged with a characterization of service of general, under honorable conditions is not contained in the available record, and the analyst presumed government regularity in th discharge process.  
       
       On 27 April 2007, DA, HQS, 77th U.S. Army Regional Readiness Command, Fort Totten, NY, Orders 07-117-00001, discharged the applicant from the United States Army Reserve, effective date:  4 March 2007, with a general, under honorable conditions discharge. 

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 governs procedure 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, 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 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.  
       
       On 27 April 2007, DA, HQS, 77th U.S. Army Regional Readiness Command, Fort Totten, NY, discharged the applicant from the Army Reserve, effective date:  4 March 2007, with a general, under honorable conditions discharge. All 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.  
       
             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. 
       
       By her unsatisfactory participation, the applicant diminished the quality of her service below that meriting a fully honorable characterization of service.
       
       The analyst noted the applicant's issue that her discharge was inequitable based on her documented case of personal hardship, her mother's illness and eventual death requiring her to provide full-time for her siblings.  The applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.
       
       Concerning the applicant's contention that she was model Soldier prior to her mother's illness.  The applicant's contention was carefully considered.  However, the analyst is unable to determine whether her contention has merit because the specific facts and circumstances leading to the discharge are unknown.    
       
       Regarding the applicant's issue that no one was willing to help her.  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.
       
       Eligibility for veteran's benefits, to include educational benefits under the Montgomery GI Bill, does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  Further, the analyst could not validate or substantiate the  reentry eligibility (RE) code because it is not contained in the available record.  
       
       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.  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 were both proper and equitable and recommends to the Board to deny relief.  The reentry eligibility (RE) code could not be verified; therfore, it is presumed to be proper and equitable.    

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: The applicant submitted the following documents:  DA Form 1059 (Service School Academic Evaluation Report), dated  (030609); Applicant's Letter Requesting Transfer to IRR, dated (030909); Applicant's Letter Requesting Hardship Discharge, dated (031115); Letter From Applicant's Husband, dated (031118); Letter From Applicant's Mother, dated (031118); Doctors Letter two (2) pages, dated (031205); Death Certificate, dated (040615); Fax Cover Sheet, dated (030529); Letter From Applicant, dated (060314); Memorandum For Record, dated (060809); Applicant's Resume; E-Mail Traffic Four (4) pages; Discharge Orders, dated (070427); Transfer Orders, dated (061020); Memorandum For Record, dated (061004); Notification of Separation Proceedings under AR 135-178, Chapter 13, dated (061020); and Conditional Waiver Request.   

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: None




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 AR20090012261
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