1. Applicant's Name: a. Application Date: 1 December 2015 b. Date Received: 4 January 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her uncharacterized discharge to honorable. The applicant submitted no issues of equity or propriety to be considered by the board. In a records review conducted at Arlington, VA on 8 March 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: NA / AR 135-178 / NA / Uncharacterized b. Date of Discharge: 8 September 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 January 2007 / approximately 20 weeks or completion of basic and MOS training b. Age at Enlistment / Education / GT Score: 20 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 8 months, 17 days d. Prior Service / Characterizations: USAR, 22 December 2006 to 10 January 2007 / NA (continuous service) e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: There is no record of any negative statements or actions under the UCMJ. The applicant was discharged at the rank of E-2/PV2. Discharge Orders, dated 9 August 2007 i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; chronological statement of retirement points, dated 9 February 2016; and Enlistment Documents, dated 22 December 2006. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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. DISCUSSION OF FACT(S): The applicant requests an upgrade of her uncharacterized discharge to honorable. The applicant's available record of service and the documents submitted with her application were carefully reviewed. After carefully examining the applicant's military records, there are insufficient mitigating factors to 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 her discharge from the US Army Reserve. However, the record contains a properly constituted discharge orders. This document identifies characterization of the discharge under the provisions of AR 135-178, and government regularity is presumed in the discharge process. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the uncharacterized description of service would accurately reflect the applicant's overall record of service because she was in an entry level status (ELS) on the date of her discharge from the individual active duty training which is normally based on the initiation of her separation action. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier's military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. A general (under honorable conditions) discharge is not authorized under ELS conditions and an honorable discharge is rarely ever granted. An honorable discharge may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The applicant's service record indicates no such unusual circumstances were present and did not warrant an honorable discharge at this time. Although the applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated any acts of misconduct or poor duty performance, such that she should have been retained in the US Army Reserve, 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 sufficient evidence to support the contention that she may have been unjustly discharged. The applicant's statements alone would not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge In essence, the determination that the applicant was in an ELS was the basis for her uncharacterized service. If the applicant desires a personal appearance hearing, it would be her responsibility to meet the burden of proof and provide the appropriate documents (i.e., the complete 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. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 8 March 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160002486 1