Application Receipt Date: 060728 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached 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: 040909 Chapter: 12 AR: 135-178 Reason: Misconduct RE: SPD: NIF Unit/Location: 907th Engineer Detachment Fire Fighting, HQ TM1, Yakima, WA Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 790513 Current ENL Date: 010118 Current ENL Term: 08 Years ????? Current ENL Service: 03 Yrs, 07Mos, 22Days ????? Total Service: 03 Yrs, 07Mos, 22Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: NIF GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NIF V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Applicant states that he is currently enrolled in the Fire Academy and has obtained his EMT-B Certification. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant’s discharge from the United States Army Reserves are not contained in the available records. However, the evidence of record shows that on 9 September 2004, DA, HQ, 70th Regional Readiness Command; 4570 Texas Way West, Seattle, Washington, Orders 04-253-00010 discharged the applicant from the United States Army Reserve, with an general, under honorable conditions discharge. He was discharged effective 9 September 2004, which was prior to the expiration of his enlistment obligation. b. Legal Basis for Separation: Army Regulation 135-178 (Enlisted Administrative Separations) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard. Chapter 12, paragraph 12-1 of the regulation, ineffect at the time, governed separation of misconduct. When discharged under this provision, Army policy states that the characterization of service will normally be under other than honorable conditions. The regulation also permitted the characterization of service as general, under honorable conditions. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records for the period of enlistment under review and the issue he submitted, the analyst recommends that relief be denied in this case. 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. The evidence of record shows that on 9 September 2004, DA, HQ, 70th Regional Readiness Command, Seattle, Washington, Orders 04-253-00010, discharged the applicant from the United States Army Reserve, effective date: 9 September 2004, with a general, under honorable conditions discharge. This document identifies the characterization of the discharge 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. The analyst noted the applicant’s contentions; however, the creation of a discharge certificate 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 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. Furthermore, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 25 July 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 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, and voted to deny relief. Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 1 August 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060010503 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages