1. Applicant's Name: a. Application Date: 16 October 2018 b. Date Received: 22 October 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 on a leave of absence to care for the husband was injured in Iraq and received a Purple Heart. The applicant moved to be close to family, who could help with the care. The applicant was trying to go active duty, but the unit would not release the applicant, when a recruiter tried to call the unit to get the paperwork, the applicant had been discharged for unsatisfactory attendance. The applicant lived in New Jersey and drill was in Virginia and the applicant states, the unit was supposed to transfer to Pennsylvania, but instead the unit released the applicant. The applicant was a great Soldier and the husband needed a caregiver due to injuries from war. An upgrade would help restore honor, help with an education and finally receive a DD Form 214. In a records review conducted at Arlington, VA on 13 March 2020, and by a 3-2 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: Unsatisfactory Participation / AR 135- 178 / Chapter 13 / NIF / NIF / General (Under Honorable Conditions) b. Date of Discharge: 8 June 2007 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: NIF (6) Separation Decision Date / Characterization: 24 May 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 December 2005 / 8 years (USAR) b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 15P10, Aviation Operations Specialist / 1 year, 5 months, 17 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: NIF f. Awards and Decorations: NIF g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Orders 07-144-00006, dated 24 May 2007, reflects the applicant was discharged from the US. Army Reserve, effective 8 June 2007. The applicant was discharged for unsatisfactory participation. i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Orders 07-144-00006; self-authored statement; DD Form 214; NAVMC 11060. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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, 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 07-144-00006, dated 24 May 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 she 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 requests a discharge certificate. The creation of discharge certificates is not within the purview of the Army Discharge Review Board. A copy of the appropriate discharge certificate may be acquired by submission of a Standard Form 180 (obtained online or from a local military installation) to the applicable address: Former active duty Army and Reserve Personnel: National Personnel Records Center (Military Personnel Records), 9700 Page Boulevard, St Louis, MO 63132. Former National Guard personnel: contact the State National Guard Office for assistance. The National Personnel Records Center will not recreate a lost, stolen, or misplaced certificate of discharge. The Center will only create an initial certificate for personnel who have not previously received a certificate of discharge. The applicant's contentions about being on leave and that her unit was supposed to have transferred her to another unit, were 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's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. 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 applicant contends that an upgrade of her discharge would allow educational benefits through the use of the GI Bill. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 13 March 2020, and by a 3-2 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 AR20180016474 1