Applicant Name:  ?????

Application Receipt Date: 2011/09/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states; "I am currently living overseas and have been since 7 May 2010, on my husband’s PCS orders. I was Army Reserve attached to the 406Th CS SB. I have been requesting help in finding a unit to drill with while I was overseas for the last 3 years with limited help. Before I moved I attended drill every weekend. On 21 November 2009, I moved to be with my fiancé when he returned from Iraq, so we could get settled into our home. In December 2009, February 2010, and March 2010 I attend drill. I did not attend in January 2010 because I got married that month and was told it was okay to miss, I also missed April 2010 drill because we did not have the funds for me to fly with our move overseas coming up in May 2010. We were living off post and not collecting BAH so everything was coming out of pocket. 

The chain of command at my unit was fully a wear of my move to in November 2009 as well as my move to overseas in May 2010. After I got married 3 January 2010, I attended drill in February 2010, and submitted my marriage certificate and license along with my husband’s PCS orders with me amended on them. I was told help would be given in helping me find a unit once I arrived overseas. There was communication with my unit when I first arrived and as time went on that slowly came to an end.

I reached out to my husband’s unit and they were unaware of how to help on the reserve side. I also tried contacting a recruiter here and was given the run around. I received an Unexcused Absence Paper in the mail 13 December 2010 and was dated for 6 December 2010, this was followed by Chapter 13 paperwork under AR 135-178 on 20 December 2010 dated 7 December 2010. Other than email communication asking for help this was the first notice I received about my discharge. It was mentioned that discharge was a possibility when I received email to attend a mandatory out processing training, but it would be taken care of since I was no longer in the country.  

I requested counsel by email on 25 January 2011 and sent multiple emails to my counsel requesting the status on my case. After many emails with no response, I called and tried to speak to someone to get more information on my case and what I could do to help. After my last conversation in June 2011, he advised me since I already received my discharge paperwork (Under Honorable Discharge (General) effective 7 February 2011 dated for 31 January 2011 that I should go before the review board because there is nothing the counsel of my case can do. Which I do not understand since I submitted a request for counsel within the time allowed.  I never wanted to get out the military, I just wanted help finding a unit overseas to attend drill, but now that I have been discharged I want the opportunity to get back in and full fill my contract and help support my family."


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: 110207   Chapter: 13       AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: 0406 CS Battalion, HQ & HQ Company, CBT SUS SPT, Ann Arbor, 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:  22
Current ENL Date: 101206/Ordered to Annual Training (OAT)    Current ENL Term: 4 days Years  None
Current ENL Service: 	0 Yrs, 1  Mos, 26  Days ?????
Total Service:  		2 Yrs, 3  Mos, 14  Days ?????
Previous Discharges: 	USAR 081014-090210/NA
                                       ADT   090211-090624/UNC
                                       USAR 090625-101205/NA
                                          (Continuous Service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Spec   GT: NIF   EDU: Associates Degree   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

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

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 does contain a properly constituted order that shows on 31 January 2011, DA HQS, 88th Regional Support Command, 60 South O Street, Fort McCoy, WI, issued Orders 11-031-00142, which discharged the applicant from the United States Army Reserve with a general, under honorable conditions discharge with an effective dated of: 7 February 2011.   

       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 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 31 January 2011, DA HQS, 88th Regional Support Command, 60 South O Street, Fort McCoy, WI, issued Orders 11-031-00142, which discharged the applicant from the United States Army Reserve with a general, under honorable conditions discharge with an effective dated of: 7 February 2011.  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 his responsibility to meet the burden of proof since the evidence is not available in the official record.
       
       Additionally, the narrative reason for separation is governed by specific directives.  The separation packet the applicant submitted with her application indicates she was recommended for separation under the provisions of Chapter 13, AR 135-178.  The narrative reason specified by Army Regulations for a discharge under this chapter is "Unsatisfactory Participation."  However, the applicant was issued an order and not a DD Form 214 that discharged her from the US Army Reserve which reflected only her characterization of service and not the narrative reason. 
       
       Had the applicant been separated with a DD Form 214, Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       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: 4 April 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 30 August 2011, partial documents of her separation packet with various dates, several e-mail messages in reference to the applicant's corresponding with several individuals attached to her unit. 


















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 0    No change 5
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 AR20110018977
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