Application Receipt Date: 070215 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 050930 Chapter: NIF AR: 635-200 Reason: NIF RE: SPD: NIF Unit/Location: Company D, 2nd Battalion, 39th Infantry, Fort Jackson, SC 29207-6430 Time Lost: NIF Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: Current ENL Date: 050908 Current ENL Term: NIF Years ????? Current ENL Service: 00 Yrs, 00Mos, 23 Days ????? Total Service: 00 Yrs, 01 Mos, 05 Days ????? Previous Discharges: USAR-050825-050907/NA (Concurrent Service) Highest Grade: E1 Performance Ratings Available: Yes No MOS: NIF GT: NIF EDU: HS Grad Overseas: NIF Combat: NIF Decorations/Awards: NIF V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant stated he is in the Keystone Job Corps and goes home every other weekend to drill at his church in a program called God's Army. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve. However, the applicant’s record does contain a separation order 273-1300, DA, HQ, United States Army Training Center, Fort Jackson, SC , discharging him from the United States Army Reserve, under the provisions of AR 635-200, with an effective date: 30 September 2005. This document identifies the Army Regulation governing the separation of enlisted members from the United States Army Reserve and the analyst presumed Government regularity in the discharge process. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records during the period of enlistment under review and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge. The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve. However, the applicant’s record does contain a separation order 273-1300, DA, HQ, United States Army Training Center, Fort Jackson, SC , discharging him from the United States Army Reserve, under the provisions of AR 635-200, with an effective date: 30 September 2005. This document identifies the Army Regulation governing the separation of enlisted members from the United States Army Reserve and the analyst presumed Government regularity in the discharge process. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.” An RE code of “4” can not be waived and the applicant is no longer eligible for reenlistment. In view of the foregoing the analyst determined that the reason for discharge and the characterization of service were both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 19 September 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 0 No change 5 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s available record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, voted to deny relief. Case report reviewed and verified by: , Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 24 September 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE