Applicant Name:  ?????

Application Receipt Date: 2012/04/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I believe I should recieve an honorable discharge because I served my time in the Army reserves as indicated when I first became an officer.  I initially was enlisted in the Navy and then transferred to the Army as a 1st LT.  I served until I became unintentionally pregnant and realized after the father of my child abandoned me, that I did not have a parenting time plan for my child.  I had attempted to separate from the Army since just after her birth, but was given misinformation and it took over 2 years for the discharge.  My unit did not provide me with the accurate information to be discharged. I had to separate to protect my child."

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: 110429   Chapter: NIF    AR: 135-175
Reason: NIF	   RE:     SPD: NIF   Unit/Location: 320th Med Co CSH, Greensboro, NC 

Time Lost: None

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:  30
Current ENL Date: 040402    Current ENL Term: Indefinite Years  ?????
Current ENL Service: 	07 Yrs, 00  Mos, 28  Days ?????
Total Service:  		09 Yrs, 10  Mos, 29  Days ?????
Previous Discharges: 	USNR-010531-040401/NA
Highest Grade: O3		Performance Ratings Available: Yes    No 
MOS: 66H/Clinical Nurse   GT: NA   EDU: NIF   Overseas: None   Combat: None
Decorations/Awards: NIF

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 United States Army Reserve.  The record indicates that on 31 March 2011, DA US Army Human Resources Command, Fort Knox, KY, AHRC-OPNPR10-11, Orders D-03-105138, discharged the applicant from the United States Army Reserve, effective 29 April 2011, with a general, under honorable conditions discharge.  
       
       The record contains a properly constituted Order, which indicates the applicant was discharged under the provisions of AR 135-175, the reason for the applicant’s discharge is not contained in the available record.

       b.  Legal Basis for Separation:  
       Army Regulation 135-175 sets forth the basic authority for the separation of officers from the U.S. Army Reserve (USAR), except for officers serving on active duty or active duty training exceeding 90 days.  Chapters 2 and 3 provide the basis for involuntary separation of USAR officers.  Specific categories include substandard performance of duty, moral or professional dereliction, in the interest of national security, as a result of trial by court martial, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without proper authority from unit training.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general 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 term of service under review, the issues, and the documents submitted with the application, the analyst found no mitigating factors which 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 the former Soldier’s discharge from the United States Army Reserve.  However, the record shows that on 31 March 2011, DA US Army Human Resources Command, Fort Knox, KY, AHRC-OPNPR10-11, Orders D-03-105138, discharged the applicant from the United States Army Reserve, effective 29 April 2011, with a general, under honorable conditions discharge.  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 analyst noted the applicant's contentions; however, the analyst is unable to determine whether her 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.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 26 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application, Self-Authored Statement, Discharge Orders, dated 31 March 2011, DA Form 3575, dated 5 March 2004, DA Form 71, dated 2 April 2004, and Memorandum for Application for Appointment with Nonconcurrent Call to Active Duty in the Army Reserve Nurse Corps.

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 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: 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 AR20120008652
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