Applicant Name:  ?????

Application Receipt Date: 080410	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 submitted by the Applicant

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 070111   Chapter:       AR: 135-178
Reason: NIF	   RE:     SPD: NA   Unit/Location: 678th AG BN, Det2, Louiville, KY 

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  35
Current ENL Date: 991206    Current ENL Term: 8 Years  ?????
Current ENL Service: 	06 Yrs, 01Mos, 06Days ?????
Total Service:  		06 Yrs, 01Mos, 06Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: NIF   GT: NIF   EDU: HS Grad   Overseas: NIF   Combat: NIF
Decorations/Awards: NIF

V.  Post-Discharge Activity
City, State:  Louisville, KY
Post Service Accomplishments: None Listed

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 Army are not contained in the available records. On 11 Janurary 2007, the Department of the Army, HQs, 81st Regional Readiness Command, Birmingham, Alabama, Orders 07-011-0094, discharged the applicant form the Army Reserve, effective date: 11 Janurary 2007, with a under other than honorable conditions.  

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 provides for the separation of members of the Army National Guard and Army Reserve when it is determined that a service member is unqualified for further military service by reason of unsatisfactory performance.  The service of a member separated under this provision of Army Regulation 135-178 will be characterized as honorable or under honorable conditions or under other than honorable conditions as warranted by his or her military record.
       

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available records for the period of enlistment under review, and the issue she 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 her discharge from the Army Reserve.   However, on 11 Janurary 2007, the Department of the Army, HQs, 81st Regional Readiness Command, Birmingham, Alabama, Orders07-011-0094, discharged the applicant form the Army Reserve, effective date: 11 Janurary 2007, with a under other than honorable conditions. Furthermore, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.    If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration. Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 6 February 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: None

VIII.  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.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: ?????
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080005494
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