1. Applicant's Name: a. Application Date: 10 July 2017 b. Date Received: 31 July 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, during an APFT in November 2013, the applicant had not realized she was pregnant. The applicant knew something was wrong during the two-mile run, because of cramps. The applicant informed the commander and platoon sergeant about failing the APFT because of being pregnant. The applicant was not provided enough time to recover from having the pregnancy terminated. The applicant started to experience back and knee pain, and consulted with a doctor, who completed the examination. While in the process of obtaining a profile, the applicant was discharged. The applicant was a great Soldier with no other problems. In a records review conducted at Arlington, VA on 20 March 2019, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the discharge and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: NA / AR 135-178 / NA / General (Under Honorable Conditions) b. Date of Discharge: 28 August 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 February 2011 / 8-year MSO (USAR) b. Age at Enlistment / Education / GT Score: 17 / HS Transcript / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 74D10, Chemical Operations Specialist / 3 years, 6 months 27 days d. Prior Service / Characterizations: USAR (2 February 2011 to 24 July 2012) / NA IADT (25 July 2012 to 16 October 2012) / HD USAR (17 October 2012 - Continuous Service) e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Discharge Orders i. Lost Time / Mode of Return: NIF / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 10 July 2017; applicant's personal data information; medical visit report, dated 16 April 2014; Sprain Knee information sheet; Functional Capacity Certificate Form 507; medical provider letter, dated 7 May 2014; Reproductive Health Services medical reports, dated 27-30 December 2013; Surgical Pathology Report, dated 3 January 2014; and Report of Induced Termination of Pregnancy, dated 30 December 2013; NAF Hotline Fund Pledge Form, dated 29 December 2013; and Post Abortion Check-up Notes. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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 general (under honorable conditions) discharge to honorable. 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 make a determination upon the applicant's quality of service and the merit of her issues. 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 general (under 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. 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 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 US Army Reserve. The applicant contends the discharge was unjust because during her APFT in November 2013, she had not realized she was pregnant, and during the two-mile run, she started cramping. She informed her chain of command that she failed her APFT because she was pregnant. 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 was unjustly discharged. The applicant's statements alone do 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. 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 20 March 2019, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the discharge and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20170016450 1