Applicant Name:  ?????

Application Receipt Date: 2012/03/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant, states in effect, that the original paperwork was submitted for hardship because her husband was serving in Iraq at the time and she was also pregnant.  Additionally, she states that she was going through some tests for possible breast cancer.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   None

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 041115
Discharge Received: 			   Date: 050628   Chapter: 13    AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: 469th Med Co, Wichita, KS 

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:  20
Current ENL Date: 010625    Current ENL Term: 5 Years  ?????
Current ENL Service: 	04 Yrs, 00 Mos, 04 Days ?????
Total Service:  		07 Yrs, 00 Mos, 04 Days ?????
Previous Discharges: 	RA 980625-010624/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92G10/Food Svc Spc   GT: 91   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed

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 which led to her discharge from the Army Reserve.  The record indicates that on 28 June 2005, DA HQS, 89th Regional Readiness Command, Wichita, Kansas, Orders number 015-179-00030, discharged the applicant from the Army Reserve, effective 28 June 2005, with an under other than honorable conditions characterization of service.  The record contains a properly constituted Order which indicates the applicant was discharged under the provisions AR 135-178, for Unsatisfactory Participation.
       
       The applicant provided excerpts of her separation packet that indicate that on 15 November 2004, the unit commander notified her of initiation of separation action under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participation, for having nine unexcused absences within a one year period and gave the applicant until 20 December 2004 to respond.  The applicant acknowledged notification on 17 November 2004.  In essence, she was being advised of her rights via certified mail.
       
       The applicant’s election of rights was not provided with the application and is not contained in the available record; thus, the analyst presumed government regularity in the discharge process.
       
       On 28 June 2005, DA HQS, 89th Regional Readiness Command  discharged the applicant from the Army Reserve with an under other than honorable conditions characterization of service.

       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, and the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       On 28 June 2005, DA HQS, 89th Regional Readiness Command, Wichita, Kansas, Orders number 015-179-00030, discharged the applicant from the Army Reserve, effective 28 June 2005, with an under other than honorable conditions characterization of service.  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 contends that her husband was deployed at the time; that she was pregnant and was being screened for possible breast cancer.  However, all of the facts pertaining to the applicant’s discharge are not contained in the available record and the analyst presumed government regularity.  
       
       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. 
       
       If the applicant desires a personal appearance hearing, it will still be her responsibility to meet the burden of proof and provide the complete discharge packet, verification of husband’s deployment, medical documents that would validate her contention of having a medical condition that caused her absences from scheduled drills, and other documents confirming her pregnancy, since all 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.
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 8 August 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Discharge orders, part of her discharge packet, hardship statement, personal statement, and reduction orders.

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 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 AR20120005999
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