1. Applicant's Name: a. Application Date: 5 April 2017 b. Date Received: 6 April 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, was discharged from the Army Reserve without knowledge and was reduced in rank from a Specialist to Private. The applicant was notified of these actions via telephone. The applicant did miss a few drills and on other occasions she had to RST in Ocala, Florida, instead of the unit in Jacksonville, Florida. The applicant states, driving to drill and paying for food, gas, and a sitter was costing more than the applicant was being paid. During that time, the applicant was a struggling as a single parent who over time could not afford to make the trip. The applicant served just over two years on active duty in Germany and only chose to be separated because of pregnancy and her fiancée lived in Fort Bragg. Because the applicant did not want to split up the family, the applicant chose to be released from duty and move to North Carolina, where the marriage failed shortly thereafter. The applicant then moved back to Florida and once the son was a year old, the applicant wanted to rejoin active duty. The only option at the time, was to join the Reserves. During more than two and half years in the Reserve, the applicant traveled to Kentucky in support of missions as well as graduating WLC and achieving the Commandants List. The applicant was eligible for the E-5 promotion board when missing drills began due to financial burdens. The applicant spoke with the Platoon Sergeant and was allowed to RST in Ocala for a few drills. The applicant did reach out to a NCO and let them know what was going on when missing the last two drills, but in in August 2012, the applicant received a call from a different NCO within the unit stating that the applicant had been discharged, demoted and would get a discharge packet in the mail. The applicant states documents were never received, counseling, or anything concerning the discharge. At the time, the applicant was in the process of moving to Puerto Rico with a new fiancée who was on active duty in the Army. Since the discharge, the applicant has obtained a Bachelor's Degree and is currently pursuing a Master's Degree. The applicant desires the opportunity to serve the country again. Once the applicant's husband, who is an Army Recruiter retires, the applicant would like to serve once more. The applicant has let this go for too long without addressing it and requests the case be reviewed, discharge be changed, and rank reinstated. The applicant desires to rejoin as an officer, which is why the applicant obtained a Bachelor's Degree in Healthcare Management and is pursuing a Master's Degree in Healthcare Administration. The applicant has been working for the Department of Veterans Affairs for the past three years, starting as an intern, and then worked up to an Administrative Assistant at the Captain James A. Lovell Federal Health Care Center in North Chicago. In a records review conducted at Arlington, VA on 10 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: NIF / AR 135-178 / NIF / NIF / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 18 August 2012 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 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 June 2010 / 6 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88H10, Cargo Specialist / 4 years, 4 months, 5 days d. Prior Service / Characterizations: RA, 10 January 2007 - 16 February 2009 / HD e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NDSM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, she has earned her Bachelor's Degree and is pursuing her Master's Degree; and, she has obtained employment. 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 under other than honorable conditions discharge to honorable. The applicant's available record of service, and the issues and documents submitted with her application were carefully reviewed. However, the service record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army Reserve. However, the applicant's record does contain a properly constituted discharge Orders 12-226-00025, dated 13 August 2012. Barring evidence to the contrary, it appears 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 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 orders indicate the applicant was discharged under the provisions of AR 135-178, with a characterization of service of under other than honorable conditions. The applicant requests reinstatement in the Army. However, the applicant's request does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant's contentions about never being properly notified of her discharge proceedings, were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. 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. The applicant requests a change to the characterization of her service in order to rejoin the Army. However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. The applicant contends that she was having financial issues that affected her behavior and ultimately caused her to be discharged. However, she had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that she ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that she had good service. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for her accomplishments. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character 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. 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 that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 10 August 2018, 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 AR20170006720 1