1. Applicant's Name: a. Application Date: 27 June 2018 b. Date Received: 10 August 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant seeks relief contending, in effect, her discharge from the US Army Reserve was improper. She served honorably during 35 months of service. The errors of rank reduction and the under other than honorable conditions discharge inaccurately reflects her service and character as a Soldier. She would have continued and finished her service in the Army Reserve honorably without these errors. She requests that her rank be restored. In a records review conducted at Arlington, VA on 3 February 2021, and by a 4-1 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 / Under Other Than Honorable Conditions b. Date of Discharge: 12 May 2012 c. Separation Facts: No (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: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 June 2009 / 8 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 68M10, Nutrition Care Specialist / 2 years, 10 months, 14 days d. Prior Service / Characterizations: IADT, 5 January 2010 to 13 July 2010 / HD (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); applicant's statement; statement of material contentions; letter, National Personnel Records Center (two pages); enlistment contract (three pages); DD Form 214; discharge orders 12-096-00038; revocation orders 12-096-0036; nutrition care specialist, certificate; Army Physical Fitness Test Scorecard; California Criminal History Information (two pages); Dealer's Record of Sale of Firearm; Emergency Medical Technician 1, certificate; college diploma; and three support / character statements. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states she pursued her goals of furthering her education and career in the medical field. She finished her undergraduate degree at the University of California Santa Cruz. She served her community by volunteering at a local hospital in Santa Cruz while pursing work and school. With her Bachelor's Degree in psychology, she is working as a Regis Registered Behavioral Therapist with autistic children and their families in her community. She also plans to apply to nursing school in 2019 to further her career in the medical field. 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 the characterization of service from under other than honorable conditions 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 on 5 April 2012, DA, HQS, 63rd Regional Support Command, Mountain View, CA 94043-1809, Orders 12-096-00038, discharged the applicant from the US Army Reserve, effective date; 12 April 2012, with an under other than honorable conditions discharge. The applicant is encouraged to reapply with new evidence the shows what he basis of separation was. 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, her discharge from the US Army Reserve was improper; she served honorably during 35 months of service; and the errors of rank reduction and the under other than honorable conditions discharge inaccurately reflects her service and character as a Soldier. 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 these contentions. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she was improperly discharged. The applicant further contends, she would have continued and finished her service in the Army Reserve honorably without these errors. The rationale the applicant provided as the basis for what she believes was an unfair discharge is not supportable by the available evidence contained in the available record and can only be viewed as speculative in nature. The applicant requests that her rank be restored. The applicant's request does not fall within the purview of this Army Discharge Review Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. If the applicant desires a personal appearance hearing, it is 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 3 February 2021, and by a 4-1 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 AR20180012745 1