Applicant Name: ????? Application Receipt Date: 2009/07/14 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant requests an upgrade of her discharge to general, under honorable conditions in order to reenlist. 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: NIF Date: NIF Discharge Received: Date: 040101 Chapter: NIF AR: 135-178 Reason: NIF RE: SPD: NIF Unit/Location: 100th Division (IT), 4-399th (ROTC), Fort Knox, 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: 26 Current ENL Date: 990723 Current ENL Term: 8 Years ????? Current ENL Service: 04 Yrs, 05Mos, 09Days ????? Total Service: 04 Yrs, 04Mos, 09Days 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: ADT-000317-000419/HD USAR-000420-010626/NA USARCG-010627-010829/NA USAR-010830-020429/NA USARCG-020430-021019/NA (Concurrent Service) Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 91C10 Practical Nurse GT: 120 EDU: 2 Years College Overseas: NIF Combat: NIF Decorations/Awards: ASR V. Post-Discharge Activity City, State: Vine Grove, KY Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the United States Army Reserve. On 13 January 2004, DA, HQS, 100th Division (IT), Louisville, KY, Orders 04-013-00001, discharged the applicant from the United States Army Reserve, effective date: 1 January 2004, with an uncharacterized 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 when it is determined that a service member is unqualified for further military service by reason of unsatisfactory participation. The service of a member separated under this provision of Army Regulation 135-178, will be characterized as honorable or under honorable conditions as warranted by his or her military record. The service of a member who is separated while in an entry level status will be described as uncharacterized. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records for the period of enlistment under review, the issues and document 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 13 January 2004, DA, HQS, 100th Division (IT), Louisville, KY, Orders 04-013-00001, discharged the applicant from the United States Army Reserve, effective date: 1 January 2004, with an uncharacterized 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 applicant’s separation was initiated while she was in an entry-level status. Further, for USAR Soldiers, entry-level status begins upon enlistment in the USAR, it terminates 180 days after beginning training. A general discharge is not authorized under ELS conditions. Further, an uncharacterized discharge simply means that the Soldier was in an entry-level status. This is not an adverse separation action and denotes only that the individual had less than 180 days on active duty. If the applicant desires to reenlist, she should contact the local recruiter to determine her eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. 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: 19 May 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: The applicant submitted the following document: a Discharge Order, dated (040113). 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 AR20090012505 ______________________________________________________________________________ Page 1 of 3 pages