1. Applicant's Name: a. Application Date: 17 September 2017 b. Date Received: 29 September 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. The Board would consider her for a possible upgrade as instructed by Department of Defense Instruction (DoDI) 1332.28. The applicant requests an upgrade of an uncharacterized discharge to honorable. The applicant was a "MAVNI" enlistee for two full years, serving honorably as shown by the "N426." The only reason the applicant did not fulfill the eight-year Army Reserve contract is that the Army never sent the applicant to "BCT/IMT" the entire two years, because DoD insisted on "Enhanced Security Screening" which they never gave the applicant a chance to pass. The applicant wrote the Pentagon several times about an extra year extension, but to no avail. The applicant was never found unfit, nor did anything wrong. The recruiter actually had the applicant sign two contracts that placed the applicant in the delayed training program on 9 June 2016 and 12 June 2015. In a records review conducted at Arlington, VA on 26 April 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 / Uncharacterized b. Date of Discharge: 1 July 2017 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 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 June 2016 / 6 years of 8-year MSO (USAR) years b. Age at Enlistment / Education / GT Score: 31 / 14 years / 118 c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 1 year, 23 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Discharge Orders i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 17 September 2017; discharge orders; Request for Certification of Military or Naval Services, dated 12 May 2017; Enlistment/Reenlistment Document, dated 9 June 2016; Enlistment/Reenlistment Document, dated 12 June 2015; Reservation for BT with start date of 3 January 2017; Reservation for BT and Training Path with start dates of 11 January 2016, 28 March 2016, respectively; USAR Applicant Data Report; photocopy of driver's license and CAC; memorandum, dated 27 July 2017; three counsel-authored letters, dated 10 August 2017, 27 July 2017, 20 June 2017; and letter, undated. 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. Army Regulation 135-178 describes that an "entry level status" is that upon enlistment, a Soldier qualifies for entry level status during the first 180 days of continuous active military service, or the first 180 days of continuous active service after a service break of more than 92 days of active service. For a member of a Reserve Component (RC) who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins entry level status upon enlistment in a RC, and that entry level status for such a member of a RC terminates as follows: 180 days after beginning training if the Soldier is ordered to ADT for one continuous period of 180 days or more, or 90 days after the beginning of the second period of ADT, if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty. Governing regulation further stipulates that non-prior service enlistees in the ARNGUS or USAR units are normally ordered to Individual Active Duty Training (IADT) within 270 days of enlistment, and that enlistees in the IRR must enter IADT within 180 days after date of enlistment. 8. DISCUSSION OF FACT(S): The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed, in pertinent part, by DoDI 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. Accordingly, the applicant requests an upgrade of her uncharacterized discharge to honorable. The applicant's record of service and the issues submitted with her application were carefully reviewed. However, after examining the applicant's record of service and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. The available record is void of the specific facts and circumstances concerning the events which led to her discharge from the US Army Reserve. The applicant's available record contains a set of properly constituted Orders which was authenticated by the appropriate military authority. This document identifies the characterization of the discharge and the presumption of government regularity prevails in the discharge process. The discharge Orders confirm that on 1 July 2017, the commander of the United States Army Reserve Command discharged the applicant from the US Army Reserve according to AR 135-178, with an uncharacterized discharge. Barring evidence to the contrary, the presumption of government regularity shall prevail, as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's numerous contentions of being erroneously and involuntarily discharged, were carefully considered. However, the applicant bears the burden of demonstrating with substantial and credible evidence that an error or injustice has occurred relative to her discharge characterization. The applicant has not produced sufficient evidence to support the contentions that she may have been unjustly discharged. The applicant's statements through her counsel's brief alone are insufficient to upgrade her to an honorable discharge. Furthermore, the available record confirms the applicant was in an entry level status (ELS) at the time of her separation proceedings. The purpose of the entry-level status is to provide the Soldier a probationary period. Army Regulation 135-178 also provides, except in cases of serious misconduct, that a Soldier's service will be uncharacterized when separation is initiated while in entry level status. A general (under honorable conditions) discharge is not authorized under ELS conditions and 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 applicant's available service record contains no such unusual circumstances and her service did not warrant an honorable discharge. Further, 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. 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 26 April 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 AR20170017030 1