Applicant Name:  ?????

Application Receipt Date: 2010/03/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I was dischaged with a Honorale discharge  from Active Duty in 2007 because I asked to be seperated to have my child.  I was then approched by a recruiter who told me I had to get a unit. I was in the IRR. The only paperwork I signed was a contract to go into the IRR when I was discharged from Active Duty in 207. Not the reserves. He made me sign a unit transer that put me into the reserves. Which I didn't know what was going on. I assumed the IRR had units like any other branch. I asked the commander for a discharge from the reserves but they did not grant it to me , so I stopped showing up to drills because no one could watch my 1-3 month old child at the time. I have no signed contract into the reserves only one for the IRR.  My unit then discharged me with a other then honorable discharge.  Asking for a ugrade because I haven't been able to find employment due to this.I  am  single mom and almost homeless because of this mistake. I also think many of my records are messed up because I was unable to finish clearing my units in Korea and Fort Sill. I have no paperwork from these times because I had to leave both places because of my pregnacy."

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: 080930
Discharge Received: 			   Date: 090720   Chapter: 13    AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: 824th QM Co, Fayetteville, NC 

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:  20
Current ENL Date: 070824    Current ENL Term: 6 Years  ?????
Current ENL Service: 	01 Yrs, 10Mos, 28Days ?????
Total Service:  		03 Yrs, 08Mos, 05Days ?????
Previous Discharges: 	RA 051006-070823/HD
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92G10/Food Svc Spc   GT: 108   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: NDSM, GWOTSM, KDSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Fayetteville, NC
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 30 September 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 135-178, reason of unsatisfactory participation, for missing drills between 1 December 2006 and 5 April 2008, with an under other than honorable conditions discharge.  She was advised of her rights via certified mail (080930), which the applicant acknowledged.  
       
       The applicant’s election of rights is not contained in the available record and the analyst presumed government regularity.  The unit commander subsequently recommended separation from the Army Reserve and waiving further rehabilitation.  The intermediate commanders reviewed the proposed action and recommended approval of the separation with an under other than honorable conditions discharge.  
       
       On 16 July 2009, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.
       
       The record contains documentation that shows the unit contacted the applicant on several occasions and she refused to come in, as instructed.

       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 military records, and the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       The analyst determined that the applicant’s discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By her refusal to participate in unit drills, the applicant diminished the quality of her service below that meriting a general, under honorable conditions or an honorable discharge.  
       
       The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  
       
       The analyst also noted the unit commander attempted to contact the applicant on several occasions, without success.  The analyst was satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  
       
       The applicant contends that she did not know that she had been transferred from the IRR to a TPU and that once she found out, she requested to be discharged and that it was denied.  However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that she was unjustly discharged.  The applicant’s statements alone do not overcome the government’s presumption of regularity and she has not provided any documentation or further evidence in support of her request for an upgrade of the discharge under review.   Further, the analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 14 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: None

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 AR20100011936
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