Applicant Name: ????? Application Receipt Date: 2011/10/14 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that at the time of discharge she received no support from her chain of command. The applicant requests that all facts be considered in regards to an upgrade of her characterization to an honorable discharge. 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: 100312 Discharge Received: Date: 100521 Chapter: 3-13 AR: 600-8-24 Reason: In Lieu of Trial By Court-Martial RE: SPD: DFS Unit/Location: HHC, 82d Avn, Fort Bragg, NC 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: 27 Current ENL Date: 040729 Current ENL Term: Indef Years ????? Current ENL Service: 05 Yrs, 09 Mos, 23 Days ????? Total Service: 13 Yrs, 01 Mos, 24 Days ????? Previous Discharges: USAR-970328-980526/NA ADT-980527-980817/UNC USAR-980818-011016/NA OAD-011017-021016/NA USAR-021017-040412/HD RA-040413-040728/NA Highest Grade: O3 Performance Ratings Available: Yes No MOS: 25A/Signal Officer GT: NA EDU: College Grad Overseas: Southwest Asia Combat: Iraq (051118-061113) Afghanistan (090415-100415) Decorations/Awards: MSM, AAM, ARCAM, NDSM, ACM-w/CS, ICM-w/CS, GWOTSM, AFRM-w/M Device, NCOPDR, ASR, OSR-2 V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: The applicant's states: "I am currently employed with the Cumberland County Board of Education as a substitute teacher." VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 9 February 2010, the applicant was charged with wrongfully and dishonorably receiving cash proceeds in the amount of $12,500.00 between (091001 and 100101) from the sale of containers, which she knew had been stolen. On 16 February 2010, the applicant voluntarily tendered her resignation for the good of the service under the provisions of Chapter 3, paragraph 3-13, AR 600-8-24. The applicant was advised of her rights and understood that if her resignation was accepted, she could receive any type of discharge as determined by Headquarters DA. The applicant's chain of command documentation recommending approval of the applicant's resignation with issuance of an under other than honorable conditions discharge is not contained in the available record and the analyst presumed government regularity in the discharge process. On 12 March 2010, the Commander, Headquarters, Combined/Joint Task Force 82, Bagram Airfield, Afghanistan, APO, AE, recommended approval of the applicant's resignation with issuance of an under other than honorable conditions discharge. On 14 April 2010, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed the applicant’s discharge with a characterization of service of under other than honorable conditions. b. Legal Basis for Separation: Army regulation 600-8-24 prescribes the policies and procedures governing the transfer and discharge of Army officer personnel. Chapter 3, paragraph 3-13 outlines the rules for processing requests for resignation for the good of the Service in lieu of trial by a general court-martial. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records during the term of service under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The evidence of record shows that the applicant was charged with the commission of offenses punishable under the Uniform Code of Military Justice with a punitive discharge. The applicant voluntarily requested resignation in under the provisions of Chapter 3, paragraph 3-13, AR 600-8-24. The appropriate authority approved the applicant's request and issuance of an under other than honorable conditions characterization of service. The analyst concluded that by the misconduct, the applicant diminished the overall quality of her service below that meriting a fully honorable discharge. The applicant contends that at the time of discharge she was going through personal issues and received no support from her chain of command and that she was unjustly discharged. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support her issues. There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that she was unjustly discriminated againist. The applicant’s statements alone does not overcome the government’s presumption of regularity and she has not provided any documentation or further evidence in support of her request for an upgrade of her discharge. The evidence of record shows that the applicant was charged with wrongfully and dishonorably receiving cash proceeds in the amount of $12,500.00, and that she voluntarily tendered her resignation for the good of the service under the provisions of Chapter 3, paragraph 3-13, AR 600-8-24. The applicant contends that she has been trying to survive with her current characterization of service and it has been hard after being denied benefits at the VA Hospital, Government Jobs and Military Contract positions won't hire her, and she is not eligible for unemployment. The analyst noted the applicant's contentions; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The analyst found no evidence of arbitrary or capricious actions by the command. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. In view of the foregoing, the analyst determined that 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: 15 June 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293, Self-Authored Statement (6 pages), Facts From Incident Sheet, Charge Sheet to include discharge packet (21 pages), Police Report (10 pages), Officer Evaluation Report Comments Medical Record Documents (6 pages), Soldier Deployment History Outprocessing Report, Letter of Recommendation (1), Cumberland County Sheriff's Officer Criminal Records Check, Document's from the Department of Veterans Affairs, dated 1 November 2010 and Employment Security Commission of North Carolina Unemployment, DD Form 214 for a prior period of service, DD Form 214 for the period of service under review. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the term of service under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision Board Vote: Character - Change 1 No change 4 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder 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 AR20110020722 ______________________________________________________________________________ Page 4 of 4 pages