Application Receipt Date: 070320	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See applicant's attached DD Form 293 and supporting documents.

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: 050708   
Chapter: NIF    AR: 135-178
Reason: NIF
RE:     SPD: NIF
Unit/Location: 484th TC BN, HHD Motor Trans, Phoenix, AZ  85008-3412 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:   
Current ENL Date: 990901    Current ENL Term: 06 Years  ?????
Current ENL Service: 05 Yrs, 10Mos, 08Days ?????
Total Service:  16 Yrs, 00Mos, 04Days ?????
Previous Discharges: USAFR-760214-760330/NA
                                      USAF-760331-860409/HD

Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 88M10 (Motor Transport Operator)   GT: NIF   EDU: Coll Grad   Overseas: NIF   Combat: NIF
Decorations/Awards: Air Force Commendation Medal, Air Force Good Conduct Medal, Air Force Longevity Service Award Ribbon, Air Force Overseas Service Long Tour Ribbon, Air Force Training Ribbon, NDSM, ARRM(w/m Device)
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 specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve.  However, the evidence of record shows that on 8 July 2005, Orders 05-189-00008, DA, HQ, 63d Regional Readiness Command, Los Alemitos, CA, discharged the applicant from the United States Army Reserve, effective date: 8 July 2005, with a general, under honorable conditions 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 and Army National Guard.

      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 and the issue he submitted, the analyst recommends that relief be denied in this case.  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 evidence of record shows that on 8 July 2005, Orders 05-189-0008, DA, HQ, 63d Regional Readiness Command, Los Alamitos, CA, discharged the applicant from the United States Army Reserve, effective date: 8 July 2005, with a general, under honorable conditions discharge.  This document identifies the characterization of the discharge and the analyst presumed Government Regularity in the discharge 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 misconduct or poor duty performance.  In the absence of corroborated 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.  Therefore, 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: 1 October 2007 Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: The applicant submitted 52 pages of additional documents, in support of his testimony.

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 3    No change 2   - 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 record of service during the period of enlistment under review, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh, and as result it is now inequitable.  The Board found that the overall length and quality of the applicant's service, the circumstances surrounding the discharge, and his post service accomplishments mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  

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: NA
Other: TO: ARBA Support Division-St Louis                               Date: 1 October 2007

     The Army Discharge Review board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part 1 directs that the ARBA Support Division-St Louis issue a new discharge order to the applicant which reflects the following directed changes:

          (X)  Change characterization of discharge to fully Honorable.

RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 12 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE