1. Applicant's Name: a. Application Date: 17 January 2017 b. Date Received: 23 January 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of uncharacterized discharge to honorable. The applicant seeks relief contending, in effect, that the applicant never refused to attend Advance Individual Training (AIT) and was never a mother meaning the applicant was never pregnant. The applicant contends if a person served more than 180 days then they are not eligible for an upgrade by law. In a records review conducted at Arlington, VA on 13 August 2018, 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: Entry Level Performance and Conduct / AR 135-178, Chapter 8 / NA / Uncharacterized b. Date of Discharge: 9 November 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 August 2012 (2) Basis for Separation: The applicant was informed of the following reason: for failure to attend AIT for MOS training (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 18 August 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 23 October 2012 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 July 2008 / 6 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate /89 c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 4 years, 10 months, 12 days d. Prior Service / Characterizations: RA, 4 May 2006 to 29 November 2006 / UNC (Break-in-Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Counseling statement reference the applicant deciding to separate as a result of no longer wanting to be in US Army Reserves / failure to attend AIT and obtain an MOS. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; bank statements; separation orders; request pertaining to military records; and DD Form 214 from a prior period of service 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 For USAR Soldiers, entry-level status begins upon enlistment in the USAR. For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT). Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II. Chapter 8 of AR 135-178 (Entry Level Performance and Conduct) covers, in pertinent part, states that a Soldier may be separated under this chapter if he or she is notified of the initiation of separation proceedings while in an entry level status when it is determined under the guidance set forth in chapter 2 section I, that the Soldier is unqualified for further military service by reason of unsatisfactory performance or conduct (or both), as evidenced by inability, lack of reasonable effort, failure to adapt to the military environment or minor disciplinary infractions. The service of a Soldier who is separated under this chapter will be uncharacterized. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her uncharacterized discharge to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the applicant's separation processing was accomplished in accordance with the applicable regulation. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Evidence in the record shows the applicant was discharged for her failure to attend AIT for MOS training. The separation authority approved the applicant's discharge as entry-level status with the description of service as uncharacterized. For USAR Soldiers, entry-level status begins upon enlistment in the USAR. For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT). Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II. Evidence in the record shows the applicant did not complete Phase II (AIT) although she completed 4 years, 10 months, and 12 days of service. Therefore she was still in an entry-level status. An honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The service record confirms that no such unusual circumstances were present and his service did not warrant an honorable discharge. The applicant seeks relief contending that she never refused to attend Advance Individual Training (AIT). The applicant's contention was noted; 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 this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she never refused to attend AIT. In fact, a signed developmental counseling form dated 6 August 2012, shows the applicant no longer wanted to be in the US Army Reserves as a result of her failure to attend AIT and obtain an MOS. The applicant also contends she was never a mother meaning she was never pregnant was noted. However, evidence in the records shows the applicant was not discharged under the provisions of Army Regulation 635-200, Chapter 8, which is for Pregnancy; but was discharge under the provisions of AR 135-178, Chapter 8, which was for Entry Level Performance and Conduct. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with her overall service 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 13 August 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code 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 AR20170001333 4