Applicant Name: ????? Application Receipt Date: 2012/08/02 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "Currently as of 24 March 2012, I was discharged from the Army Reserve as an E-1 with an Other Than Honorable discharge. I believe that I have been unfairly discharged. I have served the United States Army for over 10 years. A few drills I have RST'd because of my disabled father who is 100% blind and why I had been serving he had been hit by a car which has also crippled him. Even while I was on deployment in Haiti, I received an emergency call from Red Cross and had to depart from the deployment early. I was not properly counseled (never have been) to any matter that caused me to be discharged. It was revealed to me by another soldier who’s not enlisted in my current brigade that I was discharged, It came as a surprise because I am a great soldier and I'm proud to serve my country and I constantly communicated with my new motor sergeant by email and I would call and leave plenty of voice mails and wouldn't get a call back. I request prompt consideration of my change of discharge request, and notification in writing at the address above. The US Army is my life, please reconsider." 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: 120324 Chapter: NIF AR: 135-178 Reason: NIF RE: SPD: NA Unit/Location: 377th CS Cmd, Belle Chasse, LA 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: 22 Current ENL Date: 050601 Current ENL Term: NIF Years ????? Current ENL Service: 06 Yrs, 09 Mos, 23 Days ????? Total Service: 11 Yrs, 07 Mos, 16 Days ????? Previous Discharges: RA 000810-050430/HD OAD 100220-100412/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 92A10/Autom Log Spc GT: 97 EDU: HS Grad Overseas: Kosovo, Haiti Combat: None Decorations/Awards: ARCOM-2, AAM, AGCM, NDSM, GWOTEM, GWOTSM, KOSOVO CM, ASR, AFRM-M, NM V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None listed 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 19 March 2012, DA HQS, 81st Regional Support Command, Fort Jackson, SC, Orders number 12-079-00005, discharged the applicant from the Army Reserve, effective 24 March 2012, with an under other than honorable characterization of service. b. Legal Basis for Separation: 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. 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 documents, and the issues 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 Reserve. However, the record shows that 19 March 2012, DA HQS, 81st Regional Support Command, Fort Jackson, SC, Orders number 12-079-00005, discharged the applicant from the Army Reserve, effective 24 March 2012, with an under other than honorable characterization of service. 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 contends that she had over 10 good years of service and was unjustly discharged because she had a few Requests for Authorization of Rescheduled Training (RST) or excused absences, as a result of her father being disabled. 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 issue. There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that she was unjustly discharged. The applicant’s statements alone do not overcome the government’s presumption of regularity and she has not provided any documentation (i.e., the discharge packet) or further evidence in support of her request for an upgrade of the discharge under review. The analyst is unable to determine the specific facts and circumstances related to the applicant’s discharge. The burden of proof remains with the former Soldier 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. 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: 1 March 2012 Location: Dallas, TX Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: Online application, accident report, email, request for excused absence (3), DD Form 214. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review, hearing her testimony, 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 2 No change 3 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 JOSEPH M. BYERS 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 AR20120015074 ______________________________________________________________________________ Page 2 of 4 pages