Application Receipt Date: 070215
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293.
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: 050930
Chapter: NIF AR: 635-200
Reason: NIF
RE: SPD: NIF
Unit/Location: Company D, 2nd Battalion, 39th Infantry, Fort Jackson, SC 29207-6430
Time Lost: NIF
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB:
Current ENL Date: 050908 Current ENL Term: NIF Years ?????
Current ENL Service: 00 Yrs, 00Mos, 23 Days ?????
Total Service: 00 Yrs, 01 Mos, 05 Days ?????
Previous Discharges: USAR-050825-050907/NA
(Concurrent Service)
Highest Grade: E1
Performance Ratings Available: Yes No
MOS: NIF GT: NIF EDU: HS Grad Overseas: NIF Combat: NIF
Decorations/Awards: NIF
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: The applicant stated he is in the Keystone Job Corps and goes home every other weekend to drill at his church in a program called God's Army.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The applicants 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 applicants record does contain a separation order 273-1300, DA, HQ, United States Army Training Center, Fort Jackson, SC , discharging him from the United States Army Reserve, under the provisions of AR 635-200, with an effective date: 30 September 2005. This document identifies the Army Regulation governing the separation of enlisted members from the United States Army Reserve and the analyst presumed Government regularity in the discharge process.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available military records during the period of enlistment under review and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicants discharge. The applicants 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 applicants record does contain a separation order 273-1300, DA, HQ, United States Army Training Center, Fort Jackson, SC , discharging him from the United States Army Reserve, under the provisions of AR 635-200, with an effective date: 30 September 2005. This document identifies the Army Regulation governing the separation of enlisted members from the United States Army Reserve 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. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 can not be waived and the applicant is no longer eligible for reenlistment. In view of the foregoing the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 19 September 2007
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 0 No change 5 - Character
Change 0 No change 5 - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants available record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable, voted to deny relief.
Case report reviewed and verified by: , Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 24 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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