Applicant Name: Application Receipt Date: 2008/10/20 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: 061201 Chapter: NIF AR: 135-178 Reason: NIF RE: SPD: NIF Unit/Location: HQ, USA Civil Affairs and Psychological Ops Cmd (A), Ft. Bragg, NC 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: 25 Current ENL Date: 000623 Current ENL Term: 08 Years USAR Current ENL Service: 06 Yrs, 05 Mos, 09 Days Moral Waiver Total Service: 06 Yrs, 05 Mos, 09 Days ????? Previous Discharges: IADT - 040113-050621/HD Concurrent Service Highest Grade: E4 Performance Ratings Available: Yes No MOS: 63W Wheel Veh Rpr GT: NIF EDU: HS Grad Overseas: NIF Combat: NIF Decorations/Awards: AAM, ARCAM, NDSM, GWOTSM, AFRM, ASR, ARCOTR V. Post-Discharge Activity City, State: Yakima, WA Post Service Accomplishments: None 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 7 November 2006, Department of the Army, Headquarters, United States Army Civil Affairs and Psychological Operations Command (A), Fort Bragg, NC, Orders 06-311-00003, discharged the Applicant from the United States Army Reserve, effective 1 December 2006, with an under other than honorable conditions discharge. These same Orders reduced the Applicant in rank from E2 to E1 effective 3 November 2006. b. Legal Basis for Separation: Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 12 of this regulation establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general 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 his 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 either the command's action was erroneous or that the Applicant’s service mitigated the type of discharge he received from the U.S. Army Reserve. 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 light 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: 7 August 2009 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: NNA 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 AR20080016439 ______________________________________________________________________________ Page 1 of 2 pages