Applicant Name:  ?????

Application Receipt Date: 2010/12/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, it is my desire to request a RE code upgrade in order to return to Active Duty as an Army Nurse Corps officer.  I was recently selected by the AMEDD Board which was held 16 November2010 as a 66C Psychiatric Nurse.  I am unable to complete commissioning process due to my current RE code of 3.  I left Active Duty honorably after a 3 year enlistment to pursue a college education.  Regrettably, I was unable to participate satisfactory during my assignment in the National Guard and Army Reserves due to significant financial hardships, completing a challenging full-time student course load, and unreliable transportation.  Army Reserve Unit the 982nd Signal Company is approximately 133 miles away round trip from my home in Washington, NC.  My National Guard Unit in Durham, NC was a greater distance away at 261 miles round trip.  It is to my understanding that the Army has enacted the Lodging in Kind policy for soldiers who travel greater than a 50 mile radius to drill unit effective 26 May of 2008.  This policy would have benefited me greatly had it been in effect during my previous enlistments.

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: 071116   Chapter: 13, paragraph 12-1d     AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: 982nd Signal Support Company, Detachment 1, Visual Informations, 335th Signal Command (Theather), East Point, GA 

Time Lost: None

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

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 051221    Current ENL Term: 6 Years  ?????
Current ENL Service: 	1  Yrs, 10 Mos, 25 Days ?????
Total Service:  		6  Yrs, 9   Mos, 2   Days ?????
Previous Discharges: 	RA       990113 - 020112/HD
                                       ARNG  011023 - 030821/GD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 55B10 Ammunition Specialist   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Washington, NC
Post Service Accomplishments: None


 

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 which led to his discharge from the Army Reserve. On 16 November 2007, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 

             The record indicates that on 26 November 2007, DA HQS, 335th Signal Command (Theater), East Point, GA, Orders number 07-330-00037, discharged the applicant from the Army Reserve, effective 16 November 2007, with a general, under honorable conditions discharge.  The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of paragraph 13-1, AR 135-178, by reason of unsatisfactory participation, with a characterization of service of general, under honorable conditions.   

       

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve.  Chapter 13 of the regulation provides in pertinent part that individuals can be separated for being an unsatisfactory participant.  Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1 year period and attempts to have the Soldier respond or comply with orders or correspondence have resulted in  the Soldier’s refusal to comply with orders or correspondence; or a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed.  Discharge action may be taken when the Soldier cannot be located or is absent in the hands of civil authorities in accordance with the provisions of AR 135-91, paragraph 2-18, and Chapter 3, section IV, of AR 135–178.   Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general discharge under honorable conditions or an honorable discharge may be granted.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available records for the period of enlistment under review, the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       The record indicates that on 26 November 2007, DA HQS, 225th Signal Command (Theater), Est Point, GA, Orders number 07-330-00037, discharged the applicant from the Army Reserve, effective 16 November 2007, with a general,under honorable conditions discharge.  The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of paragraph 13-1, AR 135-178, by reason of unsatisfactory participation, with a characterization of service of general, under honorable conditions.  All the facts and circumstances pertaining to the applicant's discharge are not contained in the available records and the analyst presumed government regularity in the discharge process.
       
       The applicant's contentions were carefully considered.  However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the applicant to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration; such documentation would be copies of signed DA Forms 1380 showing RST dates, certified true copies of the unit attendance sign in log, and leave and earning statements.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record.
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears 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: 17 August 2011         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement, lodging in kind policies and discharge orders.

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						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change NA    No change NA
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA


















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 AR20100030274
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