1. Applicant's Name: a. Application Date: 18 April 2018 b. Date Received: 25 April 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, that the discharge was inequitable because the applicant served for 9 years and was never advanced past the rank of E-2. The applicant contends no adverse history of promotions flags. As an African-American woman, units did not support efforts to attend college nor ensure the applicant was promoted properly. However, many comrades of different ethnicities were advanced. On enlistment documents, the US Army initially classified as female but changed that to male base on the applicant's body build. The 26 April 1996 correction was noted on DD Form 1966/3, Jan 89-page 3 in the applicant's military record. This psychological stigma has followed throughout military career. In efforts to serve at various units, the US Army never corrected the errors with promotion. The applicant's last separation orders, are listed incorrectly. The applicant contends that in efforts to maintain a decent job, become a homeowner, and qualify for Operation Home-front, this is an important and equitable change needed. The entire process with a record correction has offset a tremendous state of depression for the applicant's mother. She is retired and disabled and suffers from similar issues with the US Air Force. Unfortunately, she did not have a place for the applicant to spend the night with her. The applicant also contends that the applicant has an inflamed knee which happen during time in service. In a records review conducted at Arlington, VA on 21 August 2020, 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 / NA / NA / (Under Other Than Honorable Conditions) b. Date of Discharge: 25 July 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: 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: 1 May 1996 / 8 years b. Age at Enlistment / Education / GT Score: 18 / NIF / 110 c. Highest Grade Achieved / MOS / Total Service: E-2 / 75H10, Personnel Service Specialist / 9 years, 2 months, 25 days d. Prior Service / Characterizations: USAR, 1 May 1996 to 1 July 1996 / NA ADT, 2 July 1996 to 22 November 1996 / UNC (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; post-secondary education transcripts; leadership; strategic planning; character/employment references; education references; character support letters; Operation Home-front Qualification / application for housing; discharge summary; mental illness in disabled veteran mother-inadequate housing situation; incorrect discharge increases mother's illness; discharge documents relating to her mother; neuropsychological medical report (reference her mother); military file-incorrect gender classification based on build; enlistment documents; separation orders; and DD Form 214 for a prior period of active service. 6. POST SERVICE ACCOMPLISHMENTS: None submitted 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 under other than honorable conditions discharge to honorable. The applicant's available record of service, the issues and documents submitted with her application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to the former Soldier's discharge from the US Army Reserve. However, the record shows that on 25 June 2005, DA, HQS, 81st Regional Readiness Command, Birmingham, Alabama, Orders 05-176-00064, discharged the applicant from the US Army Reserve, effective 25 July 2005, with an under other than honorable conditions discharge. Barring evidence to the contrary, the presumption of government regularity shall prevail, as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant seeks relief contending, in effect, that her discharge was inequitable because she served for 9 years and was never advanced pass the rank of E-2. The applicant contends that she has no adverse history of promotions flags. As an African-American woman, her units did not support her efforts to attend college nor ensure she was promoted properly. However, many comrades of different ethnicities were advanced. On her enlistment documents, the US Army initially classified her as female but changed her to male base on her body build. The 26 April 1996 correction was noted on her DD Form 1966/3, Jan 89-page 3 in her military record. This psychological stigma has followed her throughout her military career. In her efforts to serve at various units, the US Army never corrected the errors with promotion. Her last separation orders, are listed incorrectly. She contends that in efforts to maintain a decent job, become a homeowner, and qualify for Operation Home-front, this is an important and equitable change needed. Her entire process with a record correction has offset a tremendous state of depression for her mother. She is retired and disabled and suffers from similar issues with the US Air Force. Unfortunately, she did not have a place for her to spend the night with her. She also contends that she has an inflamed knee which happen during her time in service. The applicant's contentions were noted; however, a determination on whether these contentions have merit cannot be made because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. 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 21 August 2020, 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 AR20180006362 1