Applicant Name: ????? Application Receipt Date: 2010/09/05 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that she understands the intent of the discharge action was aimed at clearing a large number of inactive reservists who had no intentions of completing any additional service. No apparent attention was given to the service member’s record or unique situation. At the time of her discharge she was sick, newly diagnosed with cancer, and unable to travel or sufficiently address the issues presented. She has more than 13 years of excellent active reserve service and while she was in an inactive status she received a letter from the Army indicating that she had not provided an updated address, had failed to provide information, and had not updated her physical. She received the letter at a time when she was very sick and unable to travel to address the issues. She resigned her commission and trusted that the discharge would be 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: NIF Discharge Received: Date: 951228 Chapter: NIF AR: 135-178 Reason: NIF RE: SPD: NA Unit/Location: USAR Control Group (REINF), DA US Army Reserve Personnel Center, St. Louis, MO 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: 25 Current ENL Date: 830620 Current ENL Term: INDEF Years Date of appointment Current ENL Service: 12 Yrs, 9 Mos, 8 Days ????? Total Service: 18 Yrs, 9 Mos, 20Days ????? Previous Discharges: USAR 760608 - 760820/HD USAR 760821 - 810607/HD USAR 810608 - 830619/HD Highest Grade: W-2 Performance Ratings Available: Yes No MOS: NIF GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None 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 December 1995, DA US Army Reserve Personnel Center, St. Louis, MO, Orders number D-12-517423, discharged the applicant from the Army Reserve, effective 28 December 1995, 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, with a characterization of service of general under 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. Chapters 2 and 3 of this regulation provide the basis for involuntary separations 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, homosexual conduct, 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 period of enlistment under review, the issue and 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 Army. However, the record shows that on 28 December 1995, DA US Army Reserve Personnel Center, St. Louis, MO, Orders number D-12-517423, discharged the applicant from the Army Reserve, effective 28 December 1995, 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, with a characterization of service of general under honorable conditions. 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's contentions were carefully considered. However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown. 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; such documentation would be copies of her resignation package and corroborating medical documents, certified true copies of the unit attendance sign in log, and leave and earning statements. If the applicant desires a personal appearance hearing, it will still be his 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: 11 July 2011 Location: Washington, D. C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: DD Form 293 with a self-authored statement and discharge orders. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the analyst’s recommendation and rationale, the Board determined that the discharge is now inequitable. The Board found that the overall length and quality of the applicant's service, the circumstances surrounding her discharge, her post service accomplishments, (twenty-nine years federal civilian service with the NGA) since her discharge 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 fully honorable and directs the issuance of new discharge orders. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 4 No change 1 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: TO: ARBA Promulgation Team. Arlington, VA Date: 9 November 2007 The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Promulgation Team, Arlington, VA 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: NA 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 AR20110004397 ______________________________________________________________________________ Page 1 of 3 pages