1. Applicant’s Name: a. Application Date: 13 May 2015 b. Date Received: 18 May 2015 c. Counsel: Yes 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of her discharge from under other than honorable conditions to honorable with a qualifying reentry code. The applicant seeks relief contending, in effect, she is currently working with an Air Force Reserve recruiter for reenlistment. She was discharged from the Army Reserve without being notified. In April 2013, she reported to drill only to be instructed to go home because she kept inquiring about joining the Air Force Reserve. She was not aware she would be discharged from the military altogether. She was never in any trouble nor has she received an Article 15. Because of her UOTHC discharge, she is unable to enlist in the Air Force. In a personal appearance hearing conducted at Arlington, VA on 23 May 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: NA / AR 135-178 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 10 September 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date/Characterization: NIF 4. SERVICE DETAILS: a. Date/Period of Enlistment: 1 April 2011 / 8 years USAR (continuous service) b. Age at Enlistment/Education/GT Score: 29 / Master’s Degree / NIF c. Highest Grade Achieved/MOS/Total Service: E-3 / 12C10, Bridge Crewmember / 2 years, 5 months, 10 days d. Prior Service/Characterizations: USAR (1 April 2011-18 July 2011) / NA          IADT (19 July 2011-4 November 2011) / HD          USAR (5 November 2011-continuou service) e. Overseas Service/Combat Service: None / None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: NIF i. Lost Time: NIF j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Discharge Orders for service under current review; DD Form 214 for service ending 4 November 2011; enlistment contract (certificate and acknowledgment USAR), dated 1 April 2011; enlistment contract (enlistment/reenlistment document); security clearance application; DD Form 1966 (application); Police Record Check, dated 25 March 2011; enlistment contract (selected reserve incentive program-enlistment bonus addendum); transcript; enlistment contract (statement of understanding the Montgomery GI Bill Selected Reserve); Questionnaire for Nation Security Positions certification; and Servicemember’s Group Life insurance Election and Certificate. 6. POST SERVICE ACCOMPLISHMENTS: None. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. The characterization is based upon the quality of the Soldier’s service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of her discharge from under other than honorable conditions to honorable and a qualifying reenlistment code. The applicant’s available record of service, and the issues and documents submitted with her application were carefully reviewed. However, the service record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army Reserve. Barring evidence to the contrary, it appears all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant provided no independent corroborating evidence demonstrating that either the command’s action was erroneous or that her service mitigated the type of discharge she received from the U.S. Army Reserve. The applicant’s contentions were carefully considered. However, the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant to provide 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. Although the applicant is scheduled for a personal appearance hearing, it would still be her responsibility to meet the burden of proof since the discharge packet is not available in the official record. The applicant requests a change to the characterization of her service in order to rejoin the Air Force Reserve. However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): 1. Request sheet – 1 page 2. Statement sheet – 1 page 3. Letter from Attorney – 20 pages b. The applicant presented no additional contentions. c. Witness(es)/Observer(s): None 10. BOARD ACTION DIRECTED: a. Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: 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 BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150008751 4