Applicant Name: ????? Application Receipt Date: 2009/06/22 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached 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: NIF Discharge Received: Date: 081106 Chapter: NIF AR: 135-178 Reason: NIF RE: SPD: NA Unit/Location: 663rd Engineer Co, Decatur, 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: 26 Current ENL Date: 070226 Current ENL Term: 4 Years ????? Current ENL Service: 01 Yrs, 08Mos, 11Days ????? Total Service: 05 Yrs, 08Mos, 11Days The analyst utilized the applicant's enlistment contract, DD Form 214, and separation orders for computing the period of enlistment under review and the total service. Previous Discharges: RA-030226-070225/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 92A10 Automated Logistical Spec GT: 101 EDU: College Grad Overseas: Southwest Asia Combat: Iraq (031112-040305) and (050912-060427 Prior Service) Decorations/Awards: ARCOM, AGCM, NDSM, ICM, GWOTEM, GWOTSM, ASR, OSR, OSB-2 (All Prior Service) V. Post-Discharge Activity City, State: Madison, AL Post Service Accomplishments: The applicant indicated in documents that he is employed by Raytheon. 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 Reserve are not contained in the available records. On 6 October 2008, DA, HQS, 412th Engineer Command, Vicksburg, MS, Orders 08-280-00001, discharged the applicant from the United States Army Reserve, effective date: 6 November 2008, with a general, under honorable conditions discharge. b. Legal Basis for Separation: Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve. 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 during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. All the facts and circumstances pertaining to the applicant’s discharge from the United States Army Reserve are not contained in the available records. On 6 October 2008, DA, HQS, 412th Engineer Command, Vicksburg, MS, Orders 08-280-00001, discharged the applicant from the United States Army Reserve, effective date: 6 November 2008, 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 issue that he was not informed of the Uniformed Services and Reemployment Rights Act (USERRA) Law, wanted to attend drill training, but the unit commander would not allow the applicant to perform Raytheon taskings during drill time. However, the issue that the applicant submitted is not a matter on which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion relating to the discharge process nor is it associated with the discharge at the time of issuance. By the applicant's failure to perform to standards diminished the quality of his service below that meriting a fully honorable discharge. The analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain the specific documents that would indicate the reason for his separation from the United States Army Reserve. 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 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: 14 April 2010 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: NA RE Code: Grade Restoration: No Yes Grade: None Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090011011 ______________________________________________________________________________ Page 1 of 3 pages