Applicant Name: ????? Application Receipt Date: 0081017 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and supporting documentation 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: 060209 Chapter: NIF AR: 135-178 Reason: NIF RE: SPD: NIF Unit/Location: DA, HQ, 81st Regional Readiness Cmd, Birmingham, AL 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: 18 Current ENL Date: 020225 Current ENL Term: 08 Years USAR Current ENL Service: 03 Yrs, 11 Mos, 15 Days Record of evidence does not contain records by which to conclusively determine the Applicant's current and/or total service. Total Service: 03 Yrs, 11 Mos, 15 Days ????? Previous Discharges: ADT - 030102-040124/HD (Concurrent Service) Highest Grade: E5 Performance Ratings Available: Yes No MOS: 71L Admin Spec GT: NIF EDU: College Overseas: SWA Combat: Kuwait (030121-031217) Decorations/Awards: GWOTSM, NDSM, AFRMw/M Device, ASR V. Post-Discharge Activity City, State: Lithia Springs, GA Post Service Accomplishments: See 'Personal Statement' submitted 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 United States Army Reserve. The record indicates that on 9 February 2006, Department of the Army, Headquarters, 81st Regional Readiness Command, Birmingham, AL, Orders 06-040-00136, discharged the Applicant from the United States Army Reserve, effective 9 February 2006, with an under other than honorable conditions discharge and the Applicant was reduced from E5 to E1. In her DD Form 293, the Applicant indicates the likely reason for her discharge was unsatisfactory participation. 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 military records, and the issue submitted with the application as to the propriety of the discharge, the analyst determined that the Applicant’s available record of service during the period under review as a U.S. Army Reserve Soldier is void of the specific facts and circumstances concerning the events that led to her discharge from the Army Reserve. However, the Applicant’s record does contain a properly constituted Order which was authenticated by the appropriate military authority. 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 Applicant provided no independent corroborating evidence demonstrating that the command's action was erroneous in the type of discharge she received from the U.S. Army Reserve. 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. In view of the foregoing, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 31 July 2009 Location: Washington, D.C. 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 2 No change 3 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 AR20080016163 ______________________________________________________________________________ Page 1 of 2 pages