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Decision Text

AF | DRB | CY2007 | AR20070002285
Original file (AR20070002285.txt) Auto-classification: Denied
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.  Soldier’s 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 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 applicant’s 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 applicant’s 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 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 applicant’s 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 applicant’s available 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, 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
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

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