1. Applicant's Name: a. Application Date: 29 December 2017 b. Date Received: 2 January 2018 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 effect, was a model Soldier until the mother became ill and was needed at home to care for siblings. Initially, the applicant applied for a transfer to the Inactive Ready Reserve. Then at the advice of the unit commander, applied for a hardship withdrawal. Thereafter, the applicant was advised of being transferred to the Inactive Ready Reserve. This transfer went into effect, however, several years later, was sent a form indicating that the applicant had been transferred to another unit and was asking for consent to initiate a discharge. The applicant consented on the condition that such discharge was entered as honorable. The applicant received notice after prodding that the discharge was general (under honorable conditions). The applicant states there is no evidence on file to indicate the reason for this decision. The applicant had been an upstanding individual throughout life and provided for the family after the mother's death. The applicant helped the siblings attend college and helped tend to an autistic brother. The applicant is now an attorney who has dedicated a career to helping those less fortunate. The applicant started as a prosecutor, who brought fairness and compassion to the practice. The applicant went on to help the impoverished as an attorney for Legal Service of the Hudson Valley and saved many individuals from homelessness. The applicant now has a practice where the applicant takes on criminal cases in defense of impoverished citizens as a member of the 18b panel and represents Domestic Violence victims on a low-bono basis. The applicant states, the discharge was unjust, as the applicant never received any notice about receiving a discharge other than fully honorable. The applicant believes that even the unit commander was unsure of the discharge the applicant received as it took over a year to receive documentation. No one, including the unit, has documentation explaining the reason behind the discharge granted. Based on the record and circumstances, the applicant had attended regular drills before and even while the mother was ill. The applicant opted to make up all drills missed due to caring for the ill mother via weekday service. Based on satisfactory attendance in all necessary training and education, the applicant believes the discharge should be upgraded. The applicant states, if not for the mother's sudden illness and passing, the applicant would likely have completed the time as a Solider as successfully as the applicant began. This discharge continues to cause great regret and is hopeful that a lifetime of achievement and passion for justice, along with the missteps of the commanding officers in dealing with the records, will encourage the Board to upgrade the discharge. The evidence of record reflects the applicant had a prior records review conducted at Arlington, VA on 19 May 2010. In a personal appearance hearing conducted at Arlington, VA on 8 April 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service and post-service accomplishments. 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: Unsatisfactory Participation / AR 135- 178 / Chapter 13 / NIF / NIF General (Under Honorable Conditions) b. Date of Discharge: 4 March 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 October 2006 (2) Basis for Separation: The evidence of record reflects the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13,AR 135-138, by reason of unsatisfactory participation. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: The applicant provided a copy of her Request for a Conditional Waiver, wherein she waived consideration of her case before an administrative separation board, contingent upon her receiving a characterization of service no less favorable than honorable. The request was not signed by the applicant. (6) Separation Decision Date / Characterization: NIF / Orders 07-117-00001, dated 27 April 2007, reflects the applicant was discharged from the USAR, effective 4 March 2007, with a General (Under Honorable Conditions). 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 May 2000 / 8 years (USAR) b. Age at Enlistment / Education / GT Score: 17 / Less than HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 71L10, Administrative Specialist / 6 years, 9 months, 17 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NIF g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: None 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, she is now a successful lawyer who helps others less fortunate. 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 accrue 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. 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 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. 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 07-117-00001, dated 27 April 2007. 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 he 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 general (under honorable conditions). The applicant's contentions about not being properly notified of the reason for her characterization of service, was 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 contends that her mother was ill and she was attending to her and eventually consented to being discharged under the conditions of an honorable discharge. However, 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 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. 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. 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): Law School Transcripts - 1 page Letters to Unit - 2 pages Unit Orders - 2 pages b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 8 April 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service and post-service accomplishments. 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. 11. 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 AR20180000956 4