IN THE CASE OF: BOARD DATE: 10 June 2015 CASE NUMBER: AR20140009976 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. 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 under other than honorable conditions discharge characterization of service to honorable, a change to the narrative reason for separation and restoration of her rank. 2. The applicant states, in effect, she was treated unfairly by members of her unit. She states, she was the only African American female assigned to the unit and felt discriminated against. She contends she was never notified of the reason for her discharge nor did she receive any documents pertaining to her separation. She states, she was never counseled or given the opportunity to appeal her discharge. She states, when she could not attend drill with her unit, she drilled with another Reserve unit in Delaware. She desires to have her rank restored. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 June 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 10 April 2007 d. Reason/Authority/SPD/RE Code: Unsatisfactory Participation, AR 135-178, Chapter 13, NIF, NIF e. Unit of assignment: 89th RRC TTHS, Wichita, KS f. Current Enlistment Date/Term: 14 September 2000/8 years g. Current Enlistment Service: 6 years, 6 months, 27 days h. Total Service: 6 years, 6 months, 27 days i. Time Lost: NIF j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 88M, Motor Transport Operator m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: NIF p. Combat Service: NIF q. Decorations/Awards: NIF r. Administrative Separation Board: NIF s. Performance Ratings: NA t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Army Reserves (USAR) on 14 September 2000, for a period of 8 years. She was 19 years old at the time of entry and a high school graduate. Her record is void of any significant awards of valor and achievement; however, she completed 6 years, 6 months, and 27 days of active duty service. When her discharge proceedings were initiated, she was serving in Wichita, KS. 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 Army Reserve. 2. The available evidence in the record indicates that on 10 April 2007, DA HQS, 89th Regional Readiness Command, Wichita, KS, Orders Number 07-100-00012, discharged the applicant from the Army Reserve, effective 10 April 2007, with an under other than honorable conditions discharge. The applicant was reduced to the lowest enlisted grade. 3. The record contains a properly constituted order which indicates the applicant was discharged under the provisions of AR 135-178, by reason of unsatisfactory participation, with a characterization of service of under other than 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. Discharge Order Number 07-100-00012, dated 10 April 2007. 2. Promotion Reduction Order Number 07-100-00009, dated 10 April 2007, reduced the applicant from the grade of E-4 to E1. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application, dated 27 May 2014 and Orders Number 07-100-00012, dated 10 April 2007. 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 her discharge was carefully considered. However, after examining the applicant’s record of service, her military records, the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. 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 USAR. However, the record shows that on 10 April 2007, DA HQS, 89th Regional Readiness Command, Wichita, KS, Orders Number 07-100-00012, discharged the applicant from the Army Reserve, effective 10 April 2007, with an under other than honorable conditions discharge. 3. Barring evidence to the contrary, the presumption of government regularity shall prevail, as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 4. The applicant requests a change to the narrative reason for discharge. However, Army Regulation 135-178, 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. There is no provision for any other reason to be entered under this regulation. 5. The applicant requests that her rank be restored. The Army Discharge Review Board is not empowered to restore former service member's grade, rate or rank. The Board may only change the characterization or reason for discharge. If an applicant believes there is an error or injustice in her discharge, she may submit an application to the Army Board for Correction of Military Records, using DD Form 149, which can be obtained online or from a Veterans Service Organization. 6. The applicant's contentions that she was unfairly treated and discriminated against by members of her unit and never notified of the intent to separate her from the USAR were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant’s statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. 7. If the applicant desires a personal appearance hearing, it will be her responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record. 8. Therefore, based on the available evidence and the presumption of government regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 10 June 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 0 No Change: 5 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new Discharge Order: No Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA 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) AR20140009976 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1