Applicant Name:  ?????

Application Receipt Date: 2009/12/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "My unit discharged me under other than honorable conditions even thought I was on medical leave and paperwork was faxed to them on various occasions.  I was also demoted to PV1 and a bonus termination code was entered.  I did not receive orders not a DD Form 214.  My doctors had faxed info releasing me to get back to work/drill in November and wheni called to find out the drill date they just told me that I was discharged.  I would like everything revoked.  I want to stay in.  Please help."

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: 091004   Chapter: NIF     AR: 135-178
Reason: NIF	   RE:     SPD: NA   Unit/Location: HHC Det, 334th MC Group, Grand Rapids, MI 

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:  32
Current ENL Date: 041007    Current ENL Term: 6 Years  ?????
Current ENL Service: 	4 Yrs, 00Mos, 27Days ?????
Total Service:  		10 Yrs, 05Mos, 21Days ?????
Previous Discharges: 	USAR-NIF 
                                       IADT 931110-940401/HD
                                       USAR 940402-950815/NA
                                       RA 950816-970723/HD
                                       USARCG (IRR) 970724-010815/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 68G/Patient Admin Specialist   GT: NIF   EDU: College   Overseas: None   Combat: None
Decorations/Awards: ASR, NDSM

V.  Post-Discharge Activity
City, State:  Battle Creek, MI
Post Service Accomplishments: None submitted by the applicant.

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 4 October 2009, DA HQS, 807th Medical Deployment Support Command, Salt Lake City, Utah, Orders number 09-277-00016, discharged the applicant from the Army Reserve, effective 4 October 2009, with an under other than honorable conditions discharge.  The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of AR 135-178, 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 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; however, 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 submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       On 4 October 2009, DA HQS, 807th Medical Deployment Support Command, Salt Lake City, Utah, discharged the applicant from the Army Reserve, effective 4 October 2009, with an under other than 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.  
       Furthermore, the analyst noted the applicant’s issue and determined that the applicant's record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.
       The applicant's contentions 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 unknown.  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.  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.
       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: 21 June 2010         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Orders Number 09-277-00016, a self-authored letter, and her Personnel Action Inquiry












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: No Change
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 AR20100010391
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