Application Receipt Date: 061129
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 submitted by the Applicant
II. Were Proper Discharge and Separation Authority procedures followed?
Yes No Tender Offer:
See Attachments: Legal Medical Minority Opinion Exhibits
III. Original Character of Discharge
Unit CDR Recommended Discharge: Date: NIF
Discharge Received: Date: 060320
Chapter: NIF AR: 135-178
Reason: NIF
RE: SPD: NIF
Unit/Location: Headquarters, 90th Regional Readiness Command, North Little Rock, AR
Time Lost: AWOL for 40 days (990929-991108), surrendered
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldier's Overall Record
DOB: 760209
Current ENL Date: 050317 Current ENL Term: 06 Years
Current ENL Service: 01 Yrs, 00Mos, 03Days
Total Service: 07 Yrs, 05Mos, 19Days
Previous Discharges: RA 950823-020208/HD
USARCG 020209-030822 NA
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 13E10/Cannon FD GT: 102 EDU: HS Grad Overseas: Germany Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
Home of Record:
Current Address:
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 specifice facts and circumstances concerning the events that led to his discharge from the United States Army Reserve. The evidence of record indicates that Orders 06-079-00005, dated 20 March 2006, Department of the Army Headquarters, 90th Regional Readiness Command, North Little Rock, AR, discharged the applicant from the United States Army Reserve, effective 20 March 2006, with an under other than honorable conditions discharge. The applicant was reduced to the lowest enlisted rank.
b. Legal Basis for Separation:
Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard. Chapter 12 of this regulation defines misconduct by reason of one or more of the following: minor disciplinary infractions, a pattern of misconduct, commission of a serious offense (to include abuse of illegal drugs,) and conviction by civil authorities. The service of a Soldier discharged for reasons indicated in paragraph 12-1, will normally be characterized as under other than honorable conditions. If warranted by the Soldier's overall record, a characterization of service of under honorable conditions may be furnished.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicant's available military records, the issue he submitted and the supporting documentation, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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. However the record indicates that Orders 06-079-00005, dated 20 March 2006, Department of the Army Headquarters, 90th Regional Readiness Command, North Little Rock, AR discharged the applicant from the United States Army Reserve, effective 20 March 2006 with an under other than honorable conditions discharge. The analyst presumed Government regularity in the discharge process and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date:
Location: Washington DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Decision
The discharge was: Proper Improper
Equitable Inequitable
The characterization of service was: Proper Improper
Equitable Inequitable
The narrative reasons were: Equitable Inequitable
DRB voting record: Change No change - Character
Change No change - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
Case report reviewed and verified by: Timon M. Oujiri, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to:
Other:
RE Code:
Grade Restoration: No Yes Grade:
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE:
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060016550
Applicant Name: Mr.
______________________________________________________________________
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