1. Applicant's Name: a. Application Date: 10 March 2017 b. Date Received: 20 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to upgrade an under other than honorable conditions discharge to honorable and to change the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, was discharged due to missing drills the applicant was required to attend. Upon transferring to HSC, 244th Engineer Battalion in Denver, Colorado, the applicant was five months pregnant-the second child was both in June 2007. The applicant was also a single mother at the time with two children and with no immediate family assistance. The applicant was unaware of any military resources available, was unable to afford the new uniforms, and was given the option of borrowing uniforms from a fellow Soldier. Therefore, lacking personal and financial resources prevented the applicant from attending drills. The applicant did not have adequate child care or funds to cover the travel expenses from Gering, Nebraska to Denver, an approximate distance of 211 to 213 miles. The distance was greater than the 100-mile radius, a reasonable commuting distance, stipulated by the Army Regulation. Although the applicant was not informed of any alternatives and with no assistance from the unit, the applicant pursued transferring to an Army National Guard unit in Gering, but was unable to transfer because there was no position available. The applicant is now married with three children and a stable career. An upgrade would provide many benefits available to prior Service Members based on the character of service. An upgrade would also enable the applicant to use a future acquired degree toward government employment. In a records review conducted at Arlington, VA on 6 February 2019, 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 / Under Other Than Honorable Conditions b. Date of Discharge: 13 April 2009 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: NA (6) Separation Decision Date / Characterization: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 November 2004 / 5 years (USAR) b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-3 / 96B10, Intelligence Analyst / 7 years, 3 months, 25 days d. Prior Service / Characterizations: AFNG (19 December 2001 to 21 March 2002) / NA IADT (22 March 2002 to 13 July 2002) / HD AFNG (14 July 2002 to 7 October 2003) / HD ARNG (8 October 2003 to 14 November 2004) /HD e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; AFTR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Discharge Orders i. Lost Time / Mode of Return: NIF / NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application; discharge orders; reduction in rank orders; reassignment orders; and personnel qualification record. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 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. AR 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills accrued during a one-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. 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. Army policy states 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 to upgrade her under other than honorable conditions discharge to honorable and to change the narrative reason for her discharge. The applicant's available record of service, and the issues and documents submitted with her application were carefully reviewed. After carefully examining the applicant's available 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 the characterization of the discharge as under other than honorable conditions 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. The applicant provided no independent and insufficient corroborating evidence demonstrating that either the command's action was erroneous or that her service mitigated the type of discharge she received from the U.S. Army Reserve. The applicant's contentions about her unit's failure to assist her with attending the required weekend drills, including transferring her to a unit near her residence, were carefully considered. 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 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 sufficient evidence has been provided with the request for an upgrade of the discharge and to change the narrative reason for her discharge. 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. The applicant requests to change the narrative reason for her discharge. However, for a discharge from the Reserve component, separation orders dictate the discharge; therefore, there is no DD Form 214, unless the applicant is discharged from an active duty assignment. In the applicant's case, with discharge orders, there is no provision for a narrative reason for her discharge, except the discharge authority is AR 135-178. The applicant contends that an upgrade would provide her the many benefits available to prior Service members based on the character of service, and also enable her to use her future acquired degree toward a government employment. However, eligibility for veterans' benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities, or to obtain veterans' benefits. 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 6 February 2019, 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 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 AR20170003939 1