IN THE CASE OF:  	

      BOARD DATE:  	12 June 2013

      CASE NUMBER:  	AR20130002460
___________________________________________________________________________

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 under other than honorable conditions discharge to honorable.

2.  The applicant states, in effect, that her discharge is unfair and unjust.  She contends she was discharged under the provisions of Chapter 8 in 2004; however, she has learned lately her record indicates she was discharged under the provision of Chapter 13 with a characterization of service other than honorable.  She writes she was notified by a recruiter asking if she would like to be a reservist, she agreed, received orders, and made attempts to contact and attend drills with her newly assigned unit, but was unable to do so.  She made her recruiter aware of her problems and was told by him he would take care of it.  Six years later she is being told she has a dishonorable discharge.  She contends she was more than willing and able to attend drills.  She exhausted all of her resources and tried her best to contact someone, anyone from the unit and was unsuccessful.  It seems as if it took 2 years to supposedly "not show up" for them to discharge her.  She is sure that no one reached out to see, where she was or what was going on with her, and she never received any paperwork stating this.  She also contends that because of the injustice a place that she has been working at for the past 5 years is in jeopardy.  She works as a civilian for the United States Army and has done so since moving to New York.  She is very dedicated to her job and her work.  She would very much appreciate it if the Chapter 13 can be removed from her record and returned to a Chapter 8 or anything other than dishonorable.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			31 January 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				16 November 2007
d. Reason/Authority/SPD/RE Code:		Unsatisfactory Participant, AR 135-178 									Chapter 13, RE NIF, SPD NA
e. Unit of assignment:				982d SC Co, Det 1, VIS INFO, Wilson, NC	
f. Current Enlistment Date/Term:		NIF
g. Current Enlistment Service:		NIF
h. Total Service:				5 years, 2 months, 11 days
i. Time Lost:					NIF
j. Previous Discharges:			USAR-020906- 030113/NA										RA-030114-NIF (Information is based on the								enlistment contract DD Form 4/3 found in the								 available record)
k. Highest Grade Achieved:			E-2
l. Military Occupational Specialty:		NIF
m. GT Score:					NIF
n. Education:					HS Graduate
o. Overseas Service:				NIF
p. Combat Service:				NIF
q. Decorations/Awards:			NIF
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			NIF
u. Prior Board Review:				No
SUMMARY OF SERVICE:		

The applicant enlisted in the United States Army Reserve on 6 September 2002, for a period of 8 years.  She requested to enlist in the Regular Army for a period of 3 years on 14 January 2003.  Documents indicating the period of time the applicant served on active duty are not contained in the available records; however, the applicant indicated in her issues that she was discharged in 2004 under the prevision of Chapter 8 for pregnancy.  It appears the applicant was transferred to a Reserve Unit to complete her reserve obligation.  The available record does not show any acts of valor or significant achievements.  

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 United States Army Reserve.  However, the record does contain a memorandum, dated 16 November 2007, from the Commander, HQS, 335th Signal Command (Theater), East Point, GA with a subject line of "Notification of Separation Under AR 135-178, Chapter 13, Unsatisfactory Participation." 

2.  The memorandum indicates the applicant has not satisfactorily participated in unit training.  Specifically, she has accumulated 12 unexcused absences within a 1 year period and has been a non-participant for 19 months.  Administrative separation action, UP AR 135-178, Chapter 13, was initiated on 21 September 2007 using the administrative board procedures.  Her failure to acknowledge receipt of the notification or to submit a reply within 30 days of receipt constitutes a waiver of her right UP AR 135-178, paragraph 3-12a.  

3.  On 16 November 2007, the approving authority directed that the applicant be separated from the US Army Reserve with an Under Other Than Honorable Conditions Discharge and reduced to PVT/E-1 under the provisions of AR 600-8-19, paragraph 10-1d.

4.  The record indicates that on 26 November 2007, DA HQS, 335th Signal Command (Theater), East Point, GA, Orders Number 07-330-00014, discharged the applicant from the United States Army Reserve, effective 16 November 2007, with an under other than honorable conditions discharge.  

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



EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Discharge Orders 07-330-00014, dated 26 November 2007.

2.  The applicant’s available record does not contain any recorded actions under the UCMJ or counseling statements.  

EVIDENCE SUBMITTED BY THE APPLICANT:

None provided with the application.

POST-SERVICE ACTIVITY: 

None provided with the application.

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.  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.

2.  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.  

3.  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.

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 record of service, her military records, 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 United States Army Reserve.  However, the record shows that on 26 November 2007, DA HQS, 335th Signal Command (Theater), East Point, GA, discharged the applicant from the Army Reserve, effective 16 November 2007, with an under other than 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 her discharge being unfair and unjust and that she was discharged under the provision of Chapter 8 was carefully considered.  However, a determination as to the merit of these contentions cannot be made because the facts and circumstances leading to the discharge are unknown.  The evidence of record shows that the period of service under review indicates the applicant was discharged under the provisions of Chapter 13, AR 135-178, with under other than honorable conditions discharge.  The applicant must meet the burden of proof by providing the appropriate documents such as the discharge packet 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 she must meet the burden of proof since the discharge packets are not available in the official record. 

5.  Therefore, based on the available evidence and the presumption of government regularity, 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:   12 June 2013           Location: Washington, DC

Did the Applicant Testify?  N 

Counsel: None

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 Discharge Orders:			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)		AR20130002460



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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