Applicant Name:  ?????

Application Receipt Date: 2011/12/07	Prior Review:     Prior Review Date: 100604, denied.     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she is requesting an upgrade of her discharge, a change to the reason for the discharge and a change to her reentry code.  

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: 080113   Chapter: 13    AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NIF   Unit/Location: HHC, 306th MP Bn, Uniondale, NY 

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:  24
Current ENL Date: 070114    Current ENL Term: 8 Years  ?????
Current ENL Service: 	01 Yrs, 00Mos, 00Days ?????
Total Service:  		04 Yrs, 11Mos, 01Days ?????
Previous Discharges: 	RA 030114-061214/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 42A10/Human Resources Spc   GT: 83   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AAM-2, NDSM, AGCM, GWOTSM, KDSM, OSR, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Applicant states she is a corrections specialist.

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 that led to her discharge from the Army Reserve.  The record indicates that on 14 January 2008, DA HQS, 77th Regional Readiness Command, Fort Totten, NY, Orders number 08-014-00015, discharged the applicant from the Army Reserve, effective 13 January 2008 (VOCO), with an under other than honorable conditions discharge.  The record contains a properly constituted Order which indicates the applicant was discharged with a characterization of service of under other than honorable conditions.   

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve.  Chapter 13 of that 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.  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:  
       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.  The applicant submitted additional documentation that indicate she was absent from several scheduled unit training assemblies.  Since all the facts and circumstances pertaining to the applicant’s discharge are not contained in the available records, the analyst presumed government regularity in the discharge process.  
       
       On 14 January 2008, DA HQS, 77th Regional Readiness Command, Fort Totten, NY, discharged the applicant from the Army Reserve, effective 13 January 2008 (VOCO), with an under other than honorable conditions discharge.  
       
       The applicant's contentions about being unjustly discharged were carefully considered.  However, the analyst is unable to determine whether her contentions have merit because the facts and circumstances leading to the discharge are not in the official record.  The burden of proof remains with the former Soldier to provide all the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  
       
       Furthermore, the analyst noted the applicant's issue about reinstatement of her rank to SPC/E-4; however, the correction the applicant requests does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization. 
       
       Finally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       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: 9 April 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DA Form 4187, certificates from the Department of Corrections, orders, DD Form 214, a self-authored statement, character reference letters, letter of recommendation, employment certification, and unexcused absence report, .

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing her testimony, and notwithstanding the analyst's recommendation and rationale, the Board determined that the applicant's length and quality of her service (4 years and 11 months) to include her awards of two Army Achievement Medals, mitigated the discrediting entries in her service record.  Accordingly, the Board voted to grant relief in the form of a partial upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge and the reentry code were proper and equitable and voted not to change it.  
        
IX.  Board Decision						
Board Vote:
Character - Change 4    No change 1
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: 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 directed changes.
RE Code: 
Grade Restoration:   No   Yes   Grade: E-4/SPC

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 AR20120023575
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