Applicant Name:  ?????

Application Receipt Date: 2012/10/25	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 honorable.  

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: 080919
Discharge Received: 			   Date: 090220   Chapter: 2-12i(2)      AR: 135-175
Reason: Moral/Professional Dereliction	   RE:     SPD: NA   Unit/Location: 344th Combat Support Hospital, Brooklyn, NY  

Time Lost: NIF

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:  36
Current ENL Date: 030110    Current ENL Term: Indef Years  ?????
Current ENL Service: 	06  Yrs, 01  Mos, 11  Days ?????
Total Service:  		06  Yrs, 01  Mos, 11  Days ?????
Previous Discharges: 	None
Highest Grade: O-2		Performance Ratings Available: Yes    No 
MOS: 66H Medical Surgery Nurse   GT: NA   EDU: Baccalaureate Degree   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 of record shows that on 25 July 2006, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 2, paragraph 2-12i(2), AR 135-175, by reason of moral and professional dereliction.  The applicant was directed to show cause for retention in the Army for unsatisfactory participation for failing to report to annual training (070713-070714) and failing to claim correspondence which was mailed to her.  She was advised that she could appear before a Board of Inquiry (BOI), submit statements in her own behalf, waive her rights or submit her resignation in lieu of involuntarily separation.  
       
       The applicant submitted a letter of resignation under provisions of AR 135-178.  On 3 December 2007, the applicant was notified to appear before a Board of Inquiry (BOI).  On 8 January 2008, the BOI convened, applicant's counsel appeared before the BOI.  The BOI found that the applicant was an unsatisfactory participant, committed intentional neglect or failed to furnish her unit a current address of record.  The Board recommended the applicant be separated with a characterization of service of under other than honorable conditions. 
       
       On 19 September 2008, the Commander, DA , HQS, U.S. Army Reserve Command, Fort McPherson, GA, recommended approval of the applicant's separation under the provisions of Chapter 2, paragraph 2-12i(2), AR 135-175, with an under other than honorable conditions discharge. 
       
       On 13 January 2009, the separation authority approved the findings and recommendations of the BOI and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.

       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.   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 military records during the term of service under review, the issue and documents submitted with the application, the analyst found several mitigating factors which would merit an upgrade of the applicant’s discharge.   
       
       The evidence of record shows that the applicant after the death of her American husband was apparently told she would not be granted a security clearance, and it would be in her best interest to submit a resignation in lieu of elimination and she would receive an honorable discharge.  She submitted her resignation as attested by two members of her former reserve unit who processed her request. The applicant believed her resignation would be approved and returned to her home in Brazil.  Apparently the resignation was lost after it left the brigade and was never approved.
       
       Not aware the applicant had submitted her resignation, the U. S Army Reserve involuntarily separated her after she had failed to participate with her reserve unit and issued her an under other than honorable discharge.  
       
       The analyst concluded that given the circumstances and the applicant's actions taken in good faith believed that her resignation would be accepted because of her failure to qualify for a security clearance; based on the lack of a security clearance, the analyst found that the characterization of service is too harsh, and as result it is inequitable.  Accordingly, the analyst recommends to the Board that the applicant's chararacterization of service be upgraded to Honorable.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 	Date: 1 April 2013         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (121015); Discharge Orders D-01-900894, dated (090120); Self-Authored Statement, undated; two (2) Letters of Support, undated; Letter, Health Services Directorate, dated (030109); DA Form 71 (Oath of Office-Military Personnel), three (3) pages, dated (021029); Memorandum, Appointment as a Reserve Commissioned Officer, dated (030110); Orders C-04-311396, dated (030423); Memorandum, Recommendation for Reserve of the Army Appointment without Concurrent Call to Active Duty, two (2) pages, dated (030306); Memorandum, Application for Appointment in the U.S. Army Nurse Corps (AN), Army Reserve, dated (021112); DA Form 71 (Oath of Office-Military Personnel), dated (030110); USARGET, two (2) pages, dated (030130); DA Form 61 (Application for Appointment), four (4) pages, dated (021029); A copy of Permanent Resident and Social Security Card; USMEPCOM PCNM, dated (020529); Report of Medical History, five (5) pages, dated (020513); Letter, U.S. Department of Homeland Security, undated; Letter, Request for Resignation, dated (050216); Letter, Resignation in Lieu of Elimination Proceedings, undated; Letter, Department of the Army, U.S. Army Human Resources Command, dated (060118); Partial Chapter 2 Discharge Packet, six (6) pages, dated 060725). 

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and the Discussion and Recommendation that follows, the Board determined the discharge is now inequitable.  The Board found that the circumstances surrounding her discharge (i.e., applicant submitted her resignation after her American husband died; her application was processed three times by the unit adminstrator, but was subsequently lost; she left the country, prematurely, due to family illness in Brazil) mitigated the discrediting entry in her service record.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to Honorable.







        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
Reason -     Change 0    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new Discharge Order:  
Change Characterization to: 
Change Reason to: N/A
Other: TO: ARBA Promulgation Team. Arlington, VA                                     Date: 1 April 2013                        

The Army Discharge Review Board, under the provisions of Title 10, United States Code, Section 1553, in the case of the applicant named in page 1, directs the ARBA Promulgation Team, Arlington, VA to issue a new discharge order to the applicant which reflects the following directed changes:

           ( X  )	Change characterization of discharge to Honorable.

RE Code: 
Grade Restoration:   No   Yes   Grade: None

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board




JOSEPH M. BYERS
Lieutenant Colonel, U. S. Army
Secretary Recorder





Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTH - Under Other Than Honorable 
												Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120020087
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