Applicant Name:  ?????

Application Receipt Date: 080709	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See attached DD Form 293 and supporting documents 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: 061129
Discharge Received: 			   Date: 071228   Chapter: NIF       AR: 135-178
Reason: NIF	   RE:     SPD: NIF   Unit/Location: 5501st USA Hospital, Ft Sam Houston, TX 

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): 060207, AWOL 2 days (060130-060131); forfeiture of $495.00, restriction and extra duty for 5 days (CG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  NIF
Current ENL Date: NIF    Current ENL Term: NIF Years  ?????
Current ENL Service: 	NIF Yrs, NIFMos, NIFDays ?????
Total Service:  		03 Yrs, 04 Mos, 01 Days ?????
Previous Discharges: 	RA - 020130-050531/HD
                                       RA - 971106-990727/UOTH (AWOL 188 days)
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 13S  Field Arty Surveyor   GT: 124   EDU: HS Grad   Overseas: SWA   Combat: Iraq (040314-050313)
Decorations/Awards: ARCOM, AAM, GWOTEM, GWOTSM, NDSM, ASR

V.  Post-Discharge Activity
City, State:  Lockhart, TX
Post Service Accomplishments: None listed by the Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence shows the Applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  The record indicates that on 21 December 2007, Department of the Army, Headquarters, Army Reserve Medical Command, Pinellas Park, Florida, Orders 07-355-00067, discharged the Applicant from the United States Army Reserve, effective 28 December 2007, with an under other than honorable conditions discharge, under the authority of AR135-178.

       b.  Legal Basis for Separation:  
             Army Regulation 135-78 govern procedures covering enlisted personnel management of the Army Reserve.  Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the USAR.  Paragraph 13-1 of that regulation provides in pertinent part that individuals can be separated for being an unsatisfactory participant.   Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1 year period.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of the Applicant’s available records for the period of enlistment under review, and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the Applicant's discharge.  On 21 December 2007, DA HQS, Army Reserve Medical Command, Pinellas Park, Florida, discharged the Applicant from the Army Reserve, effective 28 December 2007, with an under other than honorable conditions discharge.  All the facts and circumstances pertaining to the Applicant’s discharge are not contained in the available records and the analyst presumed government regularity in the discharge process.  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: 1 May 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

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: No Change
Other: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080011029
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