Applicant Name: ????? Application Receipt Date: 2011/11/09 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he would like the opportunity to serve once again. He understands being discharged under other than honorable conditions would negatively affect his reenlistment and possibly disqualify him in some way. 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: 070927 Chapter: NIF AR: 135-178 Reason: NIF RE: SPD: NIF Unit/Location: A Co (164), 328 MC Hospital, Sacramento, CA Time Lost: None 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: 010517 Current ENL Term: 04 Years ????? Current ENL Service: NIF Yrs, NIF Mos, NIF Days ????? Total Service: NIF Yrs, NIF Mos, NIF Days ????? Previous Discharges: 010517-050516 (HD) Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 89B10/Ammunition Specialist GT: 108 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: ????? 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 27 September 2007, Department of the Army, Headquarters, Army Reserve Medical Command, 2801 Grand Avenue, Pinellas Park, Florida, Orders 07-270-00037, discharged the applicant from the United States Army Reserve, effective 27 September 2007, with an under other than honorable conditions discharge. Additionally, the applicant was reduced in grade from Specialist to Private E-1, effective 27 September 2007. b. Legal Basis for Separation: Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. 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. The characterization is based upon the quality of the Soldier’s service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army Regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized, if the Soldier is in entry-level status. However, the permissible range of characterization varies based on the reason for separation. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, and the issue and documents 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 officer is void of the specific facts and circumstances concerning the events which 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 noted the applicant's issues about his desire to rejoin the Service, to have better job opportunities and the benefits of the GI Bill. However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Additionally, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.” If reenlistment is desired, the applicant should contact the local recruiter to determine 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 if appropriate. Therefore, 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: 11 May 2012 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: Online application, dated 9 November 2011; and a copy of a discharge order dated, 27 September 2007. 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 Board Vote: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: No change Other: NA RE Code: Grade Restoration: No Yes Grade: No Change XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder ????? 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 AR20110022197 ______________________________________________________________________________ Page 1 of 3 pages