Applicant Name:  ?????

Application Receipt Date: 2010/09/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she understands the intent of the discharge action was aimed at clearing a large number of inactive reservists who had no intentions of completing any additional service.  No apparent attention was given to the service member’s record or unique situation.  At the time of her discharge she was sick, newly diagnosed with cancer, and unable to travel or sufficiently address the issues presented.  She has more than 13 years of excellent active reserve service and while she was in an inactive status she received a letter from the Army indicating that she had not provided an updated address, had failed to provide information, and had not updated her physical.  She received the letter at a time when she was very sick and unable to travel to address the issues.  She resigned her commission and trusted that the discharge would be honorable.  

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: 951228   Chapter:  NIF     AR: 135-178
Reason: NIF	   RE:     SPD: NA   Unit/Location: USAR Control Group (REINF), DA US Army Reserve Personnel Center, St. Louis, MO 

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:  25
Current ENL Date: 830620    Current ENL Term: INDEF Years  Date of appointment
Current ENL Service: 	12 Yrs, 9 Mos, 8  Days ?????
Total Service:  		18 Yrs, 9 Mos, 20Days ?????
Previous Discharges: 	USAR 760608 - 760820/HD
                                       USAR 760821 - 810607/HD
                                       USAR 810608 - 830619/HD
Highest Grade: W-2		Performance Ratings Available: Yes    No 
MOS: NIF   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None






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 which led to her discharge from the Army Reserve.  The record indicates that on 28 December 1995, DA US Army Reserve Personnel Center, St. Louis, MO, Orders number D-12-517423, discharged the applicant from the Army Reserve, effective 28 December 1995, with a general, under honorable conditions discharge.  The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of AR 135-175, with a characterization of service of general under honorable conditions.   

      b.  Legal Basis for Separation:  
      Army Regulation 135-175 sets forth the basic authority for the separation of officers from the U.S. Army Reserve (USAR), except for officers serving on active duty or active duty training exceeding 90 days.  Chapters 2 and 3 of this regulation provide the basis for involuntary separations of USAR officers.  Specific categories include substandard performance of duty, moral or professional dereliction, in the interest of national security, as a result of trial by court martial, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, homosexual conduct, convictions by civil authorities and desertion or absence without proper authority from unit training.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general 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, the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
      
      The applicant’s record is void of the specific facts and circumstances concerning the events which led to the former Soldier’s discharge from the Army.  However, the record shows that on 28 December 1995, DA US Army Reserve Personnel Center, St. Louis, MO, Orders number D-12-517423, discharged the applicant from the Army Reserve, effective 28 December 1995, with a general, under honorable conditions discharge.  The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of AR 135-175, with a characterization of service of general under honorable conditions.    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. 
      
      The applicant's contentions were carefully considered.  However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown.  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; such documentation would be copies of her resignation package and corroborating medical documents, certified true copies of the unit attendance sign in log, and leave and earning statements.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record.
      
      Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears 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: 11 July  2011         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement and discharge orders.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the analyst’s recommendation and rationale, the Board determined that the discharge is now inequitable.  The Board found that the overall length and quality of the applicant's service, the circumstances surrounding her discharge, her post service accomplishments, (twenty-nine years federal civilian service with the NGA) since her discharge mitigated the discrediting entry in her service record.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to fully honorable and directs the issuance of new discharge orders.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 4    No change 1
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: TO: ARBA Promulgation Team. Arlington, VA                                                        Date: 9 November 2007                        

     The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Promulgation Team, Arlington, VA issue a new discharge order to the applicant which reflects the following directed changes:

           ( X  )	Change characterization of discharge to Honorable.										
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 AR20110004397
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