IN THE CASE OF:  	

      BOARD DATE:  	1 May 2013

      CASE NUMBER:  	AR20120022893
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.



      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of her discharge from general, under honorable conditions to honorable.

2.  The applicant states, in effect, she does not think the discharge is in error, because she was discharged due to not fulfilling her military contract. She was pregnant at the time and was highly depressed, and was dealing with financial burdens. She admits that she was very selfish and should not have let her personal issues prohibit her from attending drills. She is very disappointed in herself, and if it was possible she would like to prove herself again if given another chance in the service.  She is positive she could have been a significant contributor to the military. While in training, she was always placed in leadership roles. If given a second chance, she refuses to disappoint.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		10 December 2012	
b. Discharge Received:		General, under honorable conditions	
c. Date of Discharge:			9 May 2011	
d. Reason/Authority/SPD/RE Code:	Unsatisfactory Participation, AR 135-178, Chapter 13						NIF/NIF	
e. Unit of assignment:			1st PLT (PETRL), 377th QM Co, Macon, GA		
f. Current Enlistment Date/Term:	10 March 2009, 6 years
g. Current Enlistment Service:	2 years, 1 month, 29 days
h. Total Service:			2 years, 1 month, 29 days
i. Time Lost:				None
j. Previous Discharges:		USAR 090310 - 090406/NA
					IADT   090407 - 090903/HD (concurrent service)
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	92F10, Petroleum Supply Specialist
m. GT Score:				NIF
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		None
u. Prior Board Review:			No


SUMMARY OF SERVICE:		
	
The applicant enlisted in the Army Reserve on 10 March 2009, for a period of 6 years. She was 23 years old at the time of entry, a high school graduate and served for 2 years, 1 month, and 29 days of reserve military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army Reserve.  

2.  The evidence in the available record indicates that on 4 May 2011, DA HQS, 81st Regional Support Command, Fort Jackson, SC, Orders number 11-124-00046, discharged the applicant from the Army Reserve, effective 9 August 2006, with a general, under honorable conditions discharge.  

3.  The record contains a properly constituted order which indicates the applicant was discharged under the provisions of paragraph 13-1, AR 135-178, by reason of unsatisfactory participation, with a characterization of service of general, under honorable conditions.   

4.  The applicant’s available service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There are no counseling statements or UCMJ actions in the available record.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149 with a self authored statement, a DD Form 214, and Orders 11-124-00046.

POST-SERVICE ACTIVITY: 

The applicant states she is employed by the state. 

REGULATORY AUTHORITY:

1.  Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve.  Chapter 13 provides in pertinent part, that individuals can be separated for being an unsatisfactory participant.  

2.  Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills acrue 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.  

3.  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.  

DISCUSSION AND RECOMMENDATION:

1. The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  However, after examining the applicant’s available military records, and the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  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 Army.  However, the record shows that on 4 May 2011, DA HQS, 81st Regional Support Command, Fort Jackson, SC, Orders number 11-124-00046, discharged the applicant from the Army Reserve, effective 9 August 2006, with a general, under honorable conditions discharge.  

3.  Barring evidence to the contrary, the presumption of government regularity shall prevail, as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  The applicant's contentions about being pregnant and depressed were carefully considered.  However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service.  There is no evidence in the available record, nor has the applicant produced any evidence, to support a change to the characterization of service granted.  The applicant’s statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge.  

5.  The applicant has stated an interest in rejoining the Service.  The applicant was granted a general, under honorable conditions characterization of service; additionally, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on AR 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 


6.  If the applicant desires a personal appearance hearing, it will be her responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record.

7.  Therefore, based on the available evidence and the presumption of government regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review          Date:  1 May 2013	 Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Witnesses/Observers:  NA 

Board Vote:
Character Change:  0	No Change:  5
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new Discharge Order:		No
Change Characterization to:		No Change
Change Reason to:				No Change
Change Authority for Separation:		No Change
Change RE Code to:			No Change
Grade Restoration to:			NA
Other:						NA




















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	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20120022893



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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