1. APPLICANT’S NAME: a. Application Date: 16 April 2014 b. Date Received: 22 April 2014 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: An upgrade to an honorable characterization of service, a change to her records to reflect a transfer to the IRR, and reinstatement of her rank. Although her unit never responded to her numerous calls and messages requesting to be transferred to the IRR because her medical situation was not getting any better and she was eligible for the transfer, she received her discharge papers in the mail in December 2005. She was never informed, nor was she provided the opportunity to dispute it. In a records review conducted at Arlington, VA on 19 June 2015, and by an 5-0 vote, the Board denied the request finding the separation was both proper and equitable. (Board member names available upon request.) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: AR 135-178, paragraph 1-18b(3) / Under Other Than Honorable Conditions b. Date of Discharge: 6 December 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: No (6) Separation Decision Date/Characterization: NIF 4. SERVICE DETAILS: a. Date/Period of Enlistment: 20 August 1999, 8 years (6 years in TPU and 2 yrs in IRR) b. Age at Enlistment/Education/GT Score: 24 / HS Graduate / NIF c. Highest Grade Achieved/MOS/Total Service: E-4 / 31B, Military Policeman / 6 years, 3 months, and 17 days of reserve service d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: NIF f. Awards and Decorations: NIF 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: An online application; a self-authored statement; discharge orders; and enlistment contract. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. Analyst DISCUSSION OF ISSUE(S) AND RECOMMENDATION(S): The applicant seeks relief by upgrading the characterization of her discharge, reinstatement of her rank, and changing her records to reflect a transfer to the IRR, because she was eligible for a transfer to the IRR on 20 August 2005. The service record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army Reserve. However, her record contains a properly constituted Order which was authenticated by the appropriate military authority. This document identifies the characterization of the discharge and the presumption of government regularity prevails in the discharge process. 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. Furthermore, she 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 US Army Reserve. Her 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. If the applicant desires 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. Regarding her request for reinstatement of her rank and to change her records to reflect a transfer into the IRR, the Army Discharge Review Board is not empowered to restore former Service member's grade or rank, or to cause a transfer into the IRR. The Board may only change the characterization or reason for discharge. In view of the foregoing and based on the available evidence, it appears the reason for discharge and the characterization of service were both proper and equitable. Therefore, the analyst recommends the Board deny relief. 9. BOARD ACTION DIRECTED: a. Issue a new DD-214/Issue new Separation Order: No b. Change characterization to: No Change c. Change Reason to: No Change d. SPD/RE Code Change to: No Change e. Restoration to Grade: No Change Authenticating Officer: COL, US ARMY Presiding Official 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 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 FG - Field Grade IADT – Initial Active Duty Training RE - Reentry Honorable Conditions ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20140007273 1