Applicant Name:  ?????

Application Receipt Date: 2011/08/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she was unjustly discharged and demoted in rank which was due to her not being able to maintain weekend battle assemblies.  She kept the staff informed of her absence before scheduled battle assemblies and was noted as unexcused.  As a single parent, she was not able to provide care for her son and was in the process of moving.  She continuously provided the staff with documentation of her son's medical condition, but the paperwork was usually lost or misplaced by different administrative staff personnel.  The unit's lack of communication and permanent administrative staff did not follow the proper discharge procedures and unexcused absence records and the dates were generated incorrectly. 

Overall, the discharge procedures and the documentation were improperly produced, administered and did not follow the proper procedures.  There were a couple of Soldiers who experienced this type of treatment from the unit including a Captain and the unit's discharge process was improper and unjust.  The paperwork she had provided was lost or misplaced and the unit gave her a dishonorable discharge and demotion without her knowledge.  There were no verbal warnings, direction or legal assistance provided other than the paperwork she received.  She tried to complete the paperwork and return to her unit and seek legal help but was rejected and told that she could reenlist after 6 months.  She was never informed of the actions or asked to provide additional documentation other than what was voluntarily provided.  She request that her type of discharge be corrected and the demotion.  She has completed the basic law enforcement training and was certified and her intentions are to obtain employment as a police officer and reenlist in the US Army.  

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: 090719   Chapter: 13       AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: ????? 

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:  26
Current ENL Date: 051006    Current ENL Term: 8 Years  ?????
Current ENL Service: 	3 Yrs, 9  Mos, 14  Days ?????
Total Service:  		3 Yrs, 9  Mos, 14  Days ?????
Previous Discharges: 	NIF
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: NIF   GT: NIF   EDU: 13 Years   Overseas: NIF   Combat: NIF
Decorations/Awards: NIF



V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in her issue that she has competed the Basic Law Enforcement Training and was certified.  

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 United States Army Reserve.  However, the record indicates that on 13 July 2009, DA HQS, Army Reserve Medical Command, Pinellas Park, FL, issued Orders number 09-194-00020, which discharged the applicant from the United States Army Reserve with an effective date of: 19 July 2009, with an under other than honorable conditions discharge.  Further, the order 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 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. 
       
       The characterization is based upon the quality of the Soldier’s service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army Regulations, and the time-honored customs and traditions of the Army.  The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization.  Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized, if the Soldier is in entry-level status.  However, the permissible range of characterization varies based on the reason for separation.

       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 13 July 2009, DA HQ, Army Reserve Medical Command, Pinellas Park, FL, issued Orders number 09-194-00020, which discharged the applicant from the United States Army Reserve with an effective date of: 19 July 2009, with an under other than honorable conditions discharge.  Further, the order indicates the applicant was discharged under the provisions of AR 135-178, with a characterization of service of under other than 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 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, 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 April 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149 in lieu of a DD Form 293 dated 9 August 2011, Notification of Separation Proceedings, dated 21 April 2009, Request for  Conditional Waiver dated 21 April 2009, copy of discharge Orders dated 13 July 2009, self authored statement dated 9 August 2011.

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						
Board Vote:
Character - Change 2    No change 3
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other:  No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

XI.  Certification Signature
Approval Authority:



EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board



BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????


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 AR20110016784
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