Applicant Name:  ?????

Application Receipt Date: 2011/12/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she requests an upgrade of her discharge to fully honorable and a change to the narrative reason for separation.  She contends her discharge was too harsh. 

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 080411   Chapter: NIF       AR: 135-178
Reason: NIF	   RE:     SPD: NA   Unit/Location: HHC, 11th Psychological Operations Bn, Upper Marlboro, MD 

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:  24
Current ENL Date: 040209    Current ENL Term: 8 Years  ?????
Current ENL Service: 	04  Yrs, 02  Mos, 03  Days ?????
Total Service:  		04  Yrs, 02  Mos, 03  Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: NIF   GT: 95   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NIF

V.  Post-Discharge Activity
City, State:   
Post Service Accomplishments: The applicant stated during her tetimony she is the President of the PTA Board and ran for Ward 8 Council.

VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The specific facts and circumstances leading to the applicant's discharge from the United States Army Reserve are not contained in the available records.  On 15 April 2008, DA, HQS, Civil Affairs and Psyop Command,  Fort Bragg, NC, Orders 08-106-00015, discharged the applicant from the United States Army Reserve, effective date:  16 April 2008, with an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank.
       
       
       
       
       
       

       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 military records during the period of enlistment 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 and a change to the narrative reason for separation.  All the facts and circumstances pertaining to the applicant’s discharge from the United States Army Reserve are not contained in the available records.
        
       On 15 April 2008, DA, HQS, Civil Affairs and Psyop Command, Fort Bragg, NC, Orders 08-106-00015, discharged the applicant from the United States Army Reserve, effective date:  16 April 2008 with an under other than honorable conditions discharge.  This document identifies the characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       Barring evidence to the contrary, 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.  By the applicant's failure to perform to standards diminished the quality of her service below that meriting an honorable discharge.
       
       The applicant requested a change to the narrative reason for separation.  The narrative reason for separation is governed by specific directives.  The facts and circumstances leading to the discharge are unknown. The applicant bears the burden of the presentation of substantial and credible evidence to support her contention.  There is no evidence in the record, nor has the applicant provided any evidence, to support the contention as to the reason for her discharge or that the reason for discharge was improper or inequitable.      
       
       The applicant contends her discharge was too harsh.  The analyst is unable to determine whether this contention has 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.    
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that based on the discharge orders, the characterization of service was both proper and equitable and recommends to the Board to deny relief.
       
       
       
       
       
       
       
       
       
       
VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 7 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: yes [redacted]

Witnesses/Observers: No 

Exhibits Submitted: DD Form 293, dated (111220); Letter, American Legion, dated (111221); Statement of Military Service, dated (100310); Memorandum for Record, Change of Personnel Status, dated (070326); Letter, Department of the Army, dated (100312); Letter, Commander, Human Resources Command, dated (100127); Enlistment/Reenlistment Document, twenty-five (25) pages, dated (040209); Army Physical Fitness Scorecard, dated (060717); and Reduction/Discharge Orders 08-106-00015, dated (080415). The applicant submitted the following documents in support of her personal appearance hearing; Letter, American Legion, dated (120427); two (2) USMEPCOM PCN 680-3ADPs, dated (040225), (040213); Certificate of Completion, Basic Training, dated (031113); DD Form 214, dated (040811);  High School Diploma, dated (980528); and a Reservation for Basic Training, dated (040209).

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 considering the analyst’s recommendation and rationale, the Board determined that the characterization of service is too harsh, and as a result it is now inequitable. The Board determined that the length of the applicant’s service, her post service accomplishments (i.e., Executive Administrative Assistant for Ward 7, under the mayor at the time) and the circumstances surrounding her discharge (i.e., extraordinary family circumstances based on her testimony), mitigated the discrediting entries in the service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  
 






















       
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
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: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: PV2/E-2

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 AR20120000091
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