Applicant Name:  ?????

Application Receipt Date: 2010/12/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "After graduating A.I.T. on 6 Oct. 2006 I planned to move from Savannah GA. to Alaska.  The first thing I did when I left Ft. Gordon was call the Unit I was supposed to report to,366 CM Co, Ft. Stewart GA. When I spoke with them, They told me not to worry about reporting there. And to just find a reserve unit in Alaska and explain the situation and they would complete the paper work. Not knowing any better that is what I did.  On 20 Oct. 2006 I arrived in AK. The very next day I went to the reserve center on Ft. Wainwright with all of my records and explained my situation. They too said not to worry, that they would straighten everything out. So from the months of November and December I did my drills with the reserve unit @ Ft. Wainwright in order for me to get paid I was sending my form 16-80 to the unit in Ft. Stewart, Addressed to SFC M.  About 2 weeks after my Dec drill I found out I was pregnant.  So I spkoe (sic) with my squad leader to see what documents I needed to bring to my next drill  and @ the Jan. drill I brought my pregnancy profile and proof of pregnancy as I was told. My sqaud leader then sat me down in his office and ask me to think about what I wanted to do because I needed to be counsled on it at the end of the day.  He then gave me my options of staying in and doing pregnancy pt or to get out.  So I chose to get out and then signed a paper stating this was my choice. I then asked him what other information he needed from me and he said that was all I needed to do on my end. So I took his word for it.  After the baby was born about 6 months later I started thinking about re-entering the service on active duty this time. So I tried giving my squad leader a call on several occasions just to make sure everything was going ok with the process.  after (sic) many emails and calls I never recieved a return call or email. A little over a year later my husband got med-boarded out and we moved back to GA. And I wanted to return to the Army on Active Duty. I still hadn't recieved any word about my pregnancy discharge so I went online to request a copy of my military records. When I recieved my records I noticed that in them were orders to report to a different place and this was the first I had seen these orders. And I also saw the orders saying that on 13 Oct 2007 I was reduced in rank from PFC to PV1 and discharged from the Army reseveres (sic). So I immediately went to the local recruiting station to try and figure out what happened. I never out processed and I had never been in any trouble the whole time I was in the service. Never recieved disciplinary actions or article (sic) 15's or even been negatively counsled (sic).  A week later the recruiter saw that I was in the IRR and the only explanation the recruiter and I could come up with is that when I was told I was out of the Army, my squad leader never completed the paper work, instead I was being sent to other units without my knowledge.  And therfore (sic) they had me as not showing up and reduced my rank and discharged me that way.  Had I known this was occuring (sic) I would have shown up for everything And (sic) I am now still trying to get back on active duty."

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: 071013   Chapter: NIF    AR: 135-178
Reason: NIF	   RE:     SPD: NIF   Unit/Location: 366th Chemical Co, Fort Stewart, GA 

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: 060308    Current ENL Term: 08 Years  ?????
Current ENL Service: 	01  Yrs, 07 Mos, 06 Days ?????
Total Service:  		01  Yrs, 07 Mos, 06 Days 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: 25U10 Signal Support Sysytems Spec   GT: NIF   EDU: HS Grad   Overseas: NIF   Combat: NIF
Decorations/Awards: NIF

V.  Post-Discharge Activity
City, State:  Warner Robins, GA 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to her discharge from the U.S. Army Reserve.  On 14 October 2007, DA, HQS,335th Signal Command (Theater), East Point, GA, Orders 07-287-00017, discharged the applicant from the U.S. Army Reserve, effective date:  13 October 2007, with an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank.

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve.  Chapter 13 of the 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 and attempts to have the Soldier respond or comply with orders or correspondence have resulted in— the Soldier’s refusal to comply with orders or correspondence; or a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed.  Discharge action may be taken when the Soldier cannot be located or is absent in the hands of civil authorities in accordance with the provisions of AR 135-91, paragraph 2-18, and Chapter 3, section IV, of AR 135–178.   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 military records during the period of enlistment under review, the issues and document submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  All the facts and circumstances pertaining to the applicant’s discharge from the United States Army Reserve are not contained in the available records.
        
       On 14 October 2007, DA, HQS,335th Signal Command (Theater), East Point, GA, Orders 07-287-00017, discharged the applicant from the U.S. Army Reserve, effective date:  13 October 2007, with an under other than honorable conditions discharge.  This document identifies the characterization of the discharge 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 the applicant's failure to perform to standards diminished the quality of his service below that meriting a fully honorable discharge.  
       
       The applicant desires to return to active duty.  If the applicant desires to reenlist, she should contact the local recruiter to determine his eligibility to reenlist.  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.
       
             Furthermore, 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 Reserve.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the applicant 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, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that based on the discharge orders, the characterization of service was both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 17 August 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online application, dated (101130); Self-Authored Statement; Note, Pregnancy Due Date, dated (080410); Pregnancy Verification, (070126); DA Form 3349 (Physical Profile), dated (070718); Squad Alert Roster; Military Leave and Earning Statement (LES), dated (060315); 2007 W-2 From; and Discharge Orders 07-287-00017, dated (071013).   

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: 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 AR20110000162
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