1. Applicant's Name: a. Application Date: 4 April 2018 b. Date Received: 3 May 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade her discharge from under other than honorable conditions to honorable. The applicant seeks relief contending, in effect, there was an error in her paperwork which was not filed due to her pregnancy. Of note, in block 5, Board Action Requested, on the DD Form 293, the applicant requested an honorable discharge. In block 6, Issues, the applicant requested a general (under honorable conditions) discharge. In a records review conducted at Arlington, VA on 19 February 2021, 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: Moral / Professional Dereliction, AR 135-175 / Chapter 2, paragraphs 2-12i(2) and o / Under Other Than Honorable Conditions / NA b. Date of Discharge: 8 July 2010 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 23 June 2009 (2) Basis for Separation: the applicant was directed to show cause for retention in the US Army Reserves under the provisions of Chapter 2, paragraphs 2-12i (2) and o, AR 135-175, by reason of moral or professional dereliction and conduct unbecoming an officer for the following offenses: she failed to report to annual training on 8 to April 2009. As such she was deemed an unsatisfactory participant under the provisions of AR 135-91, service obligations, methods of fulfilment, participation requirements and enforcement procedures. Unsatisfactory participation is deemed an act of moral or professional dereliction pursuant to paragraph 2-12i(2) of AR 135-175; and; her unsatisfactory participation, intentional failure to perform assigned duties, is an act unbecoming an officer is deemed moral or professional dereliction pursuant to paragraph 2-12o of AR 135-175. (3) Recommended Characterization: The applicant's chain of command recommended an Under Other Than Honorable Conditions discharge. (4) Legal Consultation Date: NIF, however, the applicant was advised she could resign in lieu of involuntary separation, request transfer to the retired Reserve, if eligible, request appearance before a Board of Inquiry (BOI), submit a written statement in her behalf, or waive her rights. Her refusal to accept or respond to this notification memorandum within 30 days would result in BOI proceedings in her absence. (5) Administrative Separation Board / BOI: On 9 September 2009, the BOI convened without the applicant or counsel present. The board BOI recommended the applicant be discharged with issuance of a characterization of service of under other than honorable conditions. On 23 September 2009, the Commander, Army Reserve Medical Command, Pinellas Park, FL, approved the BOI findings and recommend approval of the BOI recommendation that the applicant be separated characterization of service of under other than honorable conditions. On 22 December 2009, DA, HQS, the Commander, USAR Command, Fort McPherson, GA., recommended approval of the proposed action with an under other than honorable conditions discharge. (6) Separation Decision Date / Characterization: On 7 June 2010, DA, the Commander US Army Human Resources Command, ST. Louis, MO., approved the findings and recommendations of the BOI and directed the applicant's discharge form the US Army Reserve with an Under Other Than Honorable Conditions discharge. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 February 2000 / Indefinite / USAR b. Age at Enlistment / Education / GT Score: Master's Degree / NA c. Highest Grade Achieved / MOS / Total Service: O-3 / 66F, Certified Nurse Anesthetist / 10 years, 5 months, 6 days d. Prior Service / Characterizations: Appointed 1LT / USAR, 3 February 2000 e. Overseas Service / Combat Service: None f. Awards and Decorations: NIF g. Performance Ratings: NIF h. Disciplinary Action(s) / Evidentiary Record: The applicant received a negative counseling statement, dated 14 May 2009, for failing to report to the AT initiative. i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages) 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 135-175 sets forth the basic authority for the separation of officers from the US Army Reserve (USAR), except for officers serving on active duty or active duty training exceeding 90 days. Chapter 2 provide the basis for involuntary separation of USAR officers. Specific categories include substandard performance of duty, moral or professional dereliction, in the interest of national security, as a result of trial by court martial, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without proper authority from unit training. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general under honorable conditions or an honorable discharge may be granted. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade her discharge from under other than honorable conditions to honorable. The applicant's record of service and the issues submitted with her application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by Army Reserve officers. It brought discredit on the Army Reserve and was prejudicial to good order and discipline. By her moral or professional dereliction and conduct unbecoming an officer, the applicant diminished the quality of her service below that meriting a general (under honorable conditions) or an honorable discharge at the time of separation. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that her service mitigated the unacceptable conduct or poor duty performance. The applicant seeks relief contending, there was an error in her paperwork which was not filed due to her pregnancy. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that there was an error in her paperwork and she did not receive due process. 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 19 February 2021, 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 / 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 AR20180007864 1