IN THE CASE OF: Ms. BOARD DATE: 24 April 2015 CASE NUMBER: AR20140008455 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review, and the Discussion and Recommendation that follows, the Board determined the discharge is now improper. The Board found the circumstances surrounding the applicant’s discharge mitigated the discrediting entry in her service record (the chain of command was negligent in not processing the applicant’s request for transfer to the IRR). Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable, and change the authority and narrative reason to AR 135-178, Chapter 5-2, by reason of a reduction in authorized strength of the USAR or ARNG. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of her general, under honorable conditions discharge characterization of service to honorable. 2. The applicant states, in effect, for over two years she attempted to be discharged from the US Army Reserve (USAR) after she had her first child in 2010. She states, she contacted her unit on numerous occasions, and provided the necessary paperwork for her release, but she received responses, sporadically, from the unit. She states, she got married and moved to Texas, and kept her unit informed of her situation. However, after years of attempting to get her unit to process her request for separation, she received a discharge order showing she was separated for being an unsatisfactory participant with a general, under honorable conditions characterization of service. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 9 May 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 2 October 2013 d. Reason/Authority/SPD/RE Code: Unsatisfactory Participant, AR 135-178, NIF NIF e. Unit of assignment: B Company, 339th MC HSP, Taunton, MA f. Current Enlistment Date/Term: 10 July 2008/8 years g. Current Enlistment Service: 5 years, 2 months, 23 days h. Total Service: 5 years, 2 months, 23 days i. Time Lost: NIF j. Previous Discharges: USAR, 080710-081027, NA AD, 081028-100804, HD (Concurrent Service) k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 68W10, Health Care Specialist m. GT Score: NIF n. Education: College Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSAM, GWOTSM, ASR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the US Army Reserve (USAR) on 10 July 2008, for a period of 8 years. She was 23 years old at the time of entry and a college graduate. Her record is void of any significant awards of valor and achievement. She completed 5 years, 2 months, 23 days of creditable military service. When her discharge proceedings were initiated, she was serving in Taunton, Massachusetts. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record is void of the specific facts and circumstances concerning the events which led to her discharge from the USAR. 2. The available evidence in the record indicates that on 25 September 2013, Orders Number 13-268-00014, discharged the applicant from the USAR, effective 2 October 2013, with a general, under honorable conditions discharge. 3. The record contains a properly constituted order which indicates the applicant was discharged under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participation, with a characterization of service of general, under honorable conditions. 4. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. DD Form 214 covering the period of 28 October 2008 through 4 August 2010. 2. Discharge Orders Number 13-268-00014, dated 25 September 2013. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application, dated 3 May 2014, Orders Number 13-268-00014, DD Form 214, a letter of support from SFC C, DA Form 1059, several email messages, dated between 29 November 2010 through 3 October 2013, and two certificates of live birth. POST-SERVICE ACTIVITY: The applicant did not provide any in support of her application. REGULATORY AUTHORITY: 1. Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve. Chapter 13 provides in pertinent part, that individuals can be separated for being an unsatisfactory participant. Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills acrue during a 1 year period and attempts to have the Soldier respond or comply with orders or correspondence have resulted in — the Soldier’s refusal to comply with orders or correspondence; or a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed. Discharge action may be taken when the Soldier cannot be located or is absent in the hands of civil authorities in accordance with the provisions of AR 135-91, paragraph 2-18, and Chapter 3, section IV, of AR 135–178. 2. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general discharge under honorable conditions or an honorable discharge may be granted. 3. 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. 2. After a careful review of all the applicant’s military records, the issues and documents submitted with the application, the characterization of service and reason for the discharge appear to be improper. 3. The record shows that the chain of command failed to process the applicant’s request for a transfer to the IRR upon the birth of her first child. The applicant provided evidence to support her requested assistance for expeditiously processing of her request for over two years. 4. The applicant states that at the time of the period under review, she was told to submit a request for discharge after the birth of her child. The applicant notified the unit of her intention to be released from the USAR and remained in constant communication during the process. 5. In view of the foregoing, it appears the discharge is now improper and it is recommended the Board grant relief in the form of an upgrade of the characterization of service to honorable and a change to the authority narrative reason for separation to AR 135-178, Chapter 5-2, by reason of a reduction in authorized strength of the USAR and ARNG. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 24 April 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new Discharge Order: Yes Change Characterization to: Honorable Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: TO: ARBA Promulgation Team. Arlington, VA Date: 24 April 2015 The Army Discharge Review Board, under the provisions of Title 10, United States Code, Section 1553, in the case of the applicant named in page 1, directs the ARBA Promulgation Team, Arlington, VA to issue a new discharge order to the applicant which reflects the following directed changes: ( X ) Change characterization of discharge to Honorable Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry 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 Honorable Conditions ADRB Case Report and Directive (cont) AR20140008455 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1