Applicant Name:  ?????

Application Receipt Date: 2012/03/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she wants an upgrade so that she can go back into the military and complete her eight year obligation along with furthering her career in the military and hopefully becoming an officer of the US Army.  She knows that she has failed to complete her obligation but if given a second chance she would be motivated and dedicated to serve her country.  She has completed her Baccalaureate Degree and ready to fulfill her goal as becoming an officer of 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: 100409   Chapter: NIF       AR: 135-178
Reason: NIF	   RE:  NIF   SPD: NIF   Unit/Location: 80th Regiment, 7th Battalion TC, Fort Eustis, VA 

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:  28
Current ENL Date: 060728    Current ENL Term: 8 Years  ?????
Current ENL Service: 	3 Yrs, 8  Mos, 12  Days ?????
Total Service:  		3 Yrs, 8  Mos, 12  Days ?????
Previous Discharges: 	NIF
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: NIF   GT: NIF   EDU: HS Grad   Overseas: NIF   Combat: NIF
Decorations/Awards: NIF

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 Army Reserve.  However, the record does show that on 9 April 2010, DA HQS, 99th Regional Support Command, Fort Dix, NJ, issued Orders number 10-099-00009, which discharged the applicant from the Army Reserve with an effective date of: 9 April 2010, with an under other than honorable conditions discharge.    
       
       
       
       

       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 she submitted, the analyst found no mitigating factors that 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 her discharge from the Army Reserve.  However, the record does contain an order that shows on 9 April 2010, DA HQS, 99th Regional Support Command, Fort Dix, NJ, issued Orders number 10-099-00009, which discharged the applicant from the Army Reserve with an effective date of: 9 April 2010, with an under other than honorable conditions discharge which identifies the characterization of the applicant's service 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. 
       
       Therefore, the analyst recommends that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief.
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 22 August 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 31 May 2011, separation orders dated 9 April 2010, two self authored statement dated 5 January 2011 and 31 May 2011, medical records with various dates., 

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s available 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:



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 AR20120004851
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