Applicant Name:  ?????

Application Receipt Date: 2011/10/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that at the time of discharge she received no support from her chain of command.  The applicant requests that all facts be considered in regards to an upgrade of her characterization to an honorable discharge.

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: 100312
Discharge Received: 			   Date: 100521   Chapter: 3-13       AR: 600-8-24
Reason: In Lieu of Trial By Court-Martial	   RE:     SPD: DFS   Unit/Location: HHC, 82d Avn, Fort Bragg, 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:  27
Current ENL Date: 040729    Current ENL Term: Indef Years  ?????
Current ENL Service: 	05 Yrs, 09  Mos, 23  Days ?????
Total Service:  		13 Yrs, 01  Mos, 24  Days ?????
Previous Discharges: 	USAR-970328-980526/NA
                                       ADT-980527-980817/UNC
                                       USAR-980818-011016/NA
                                       OAD-011017-021016/NA
                                       USAR-021017-040412/HD
                                       RA-040413-040728/NA
Highest Grade: O3		Performance Ratings Available: Yes    No 
MOS: 25A/Signal Officer   GT: NA   EDU: College Grad   Overseas: Southwest Asia   Combat: Iraq (051118-061113) Afghanistan (090415-100415)
Decorations/Awards: MSM, AAM, ARCAM, NDSM, ACM-w/CS, ICM-w/CS, GWOTSM, AFRM-w/M Device, NCOPDR, ASR, OSR-2 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant's states: "I am currently employed with the Cumberland County Board of Education as a substitute teacher."




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 February 2010, the applicant was charged with wrongfully and dishonorably receiving cash proceeds in the amount of $12,500.00 between (091001 and 100101) from the sale of containers, which she knew had been stolen.
       
       On 16 February 2010, the applicant voluntarily tendered her resignation for the good of the service under the provisions of Chapter 3, paragraph 3-13, AR 600-8-24.  The applicant was advised of her rights and understood that if her resignation was accepted, she could receive any type of discharge as determined by Headquarters DA.  The applicant's chain of command documentation recommending approval of the applicant's resignation with issuance of an under other than honorable conditions discharge is not contained in the available record and the analyst presumed government regularity in the discharge process.  On 12 March 2010, the Commander, Headquarters, Combined/Joint Task Force 82, Bagram Airfield, Afghanistan, APO, AE, recommended approval of the applicant's resignation with issuance of an under other than honorable conditions discharge.  
       
       On 14 April 2010, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.

       b.  Legal Basis for Separation:  
       Army regulation 600-8-24 prescribes the policies and procedures governing the transfer and discharge of Army officer personnel.  Chapter 3, paragraph 3-13 outlines the rules for processing requests for resignation for the good of the Service in lieu of trial by a general court-martial.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the term of service under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The evidence of record shows that the applicant was charged with the commission of offenses punishable under the Uniform Code of Military Justice with a punitive discharge.  The applicant voluntarily requested resignation in  under the provisions of Chapter 3, paragraph 3-13, AR 600-8-24.  The appropriate authority approved the applicant's request and issuance of an under other than honorable conditions characterization of service.  The analyst concluded that by the misconduct, the applicant diminished the overall quality of her service below that meriting a fully honorable discharge.  
       
       The applicant contends that at the time of discharge she was going through personal issues and received no support from her chain of command and that she was unjustly discharged.  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 her issues.  There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that she was unjustly discriminated againist.  The applicant’s statements alone does 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 her discharge.  
       
       The evidence of record shows that the applicant was charged with wrongfully and dishonorably receiving cash proceeds in the amount of $12,500.00, and that she voluntarily tendered her resignation for the good of the service under the provisions of Chapter 3, paragraph 3-13, AR 600-8-24.
       
       
       
       
       
       The applicant contends that she has been trying to survive with her current characterization of service and it has been hard after being denied benefits at the VA Hospital, Government Jobs and Military Contract positions won't hire her, and she is not eligible for unemployment.  The analyst noted the applicant's contentions; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       The analyst found no evidence of arbitrary or capricious actions by the command.  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.  
       
       In view of the foregoing, the analyst determined that 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: 15 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Self-Authored Statement (6 pages), Facts From Incident Sheet, Charge Sheet to include discharge packet (21 pages), Police Report (10 pages), Officer Evaluation Report Comments Medical Record Documents (6 pages), Soldier Deployment History Outprocessing Report, Letter of Recommendation (1), Cumberland County Sheriff's Officer Criminal Records Check, Document's from the Department of Veterans Affairs, dated 1 November 2010 and Employment Security Commission of North Carolina Unemployment, DD Form 214 for a prior period of service, DD Form 214 for the period of service under review.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the term of service 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 1    No change 4
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: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
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 AR20110020722
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