Applicant Name:  ?????

Application Receipt Date: 2011/03/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I was injured in Iraq 2007 LOD, I underwent 3 surgeries within 3 years and my last surgery left me disabled for one year and I was discharged.  While in the hospital I was inform I was being discharged for unsat in the unit.  I spoke and saw my commander and staff a month prior to my surgery in July of 2010 providing the Dr excuses they claim they never gotten in addition to my surgery dated and recovery time.  They had the same info as I.  In summary my unit admin stated he never heard or received anything from me or the staff of the 478th about my surgery when I spoke to the CO SFC T. whom made copies of all my documents.  They said to take care and hurry back so I can finish the project we started with the computers.  I spoke and saw CPT G and showed him the documents and he told me to give it to SFC T so he can make copies which he did."

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: 100921   Chapter: NIF      AR: 635-200
Reason: NIF	   RE:     SPD: NA   Unit/Location: HHC, 478th En Bn, Fort Thomas, KY 

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:  37
Current ENL Date: 060125    Current ENL Term: 06 Years  ?????
Current ENL Service: 	04 Yrs, 07 Mos, 27 Days ?????
Total Service:  		20 Yrs, 09 Mos, 13 Days ?????
Previous Discharges: 	USAR-860221-860728/NA
                                       RA-860729-891103/HD
                                       USARCG-891104-900820/NA
                                       USAR-900821-901119/NA
                                       ADT-901120-910410/HD
                                       USAR-910411-960813/NA
                                       ARNG-960814-970622/HD
                                       USARCG-970623-021008/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 25P10/Visual Information/Audio Documentation System Specialist   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AGCM, ACAM, ASR, NDSM, OSR





V.  Post-Discharge Activity
City, State:  Cov, KY
Post Service Accomplishments: None Listed

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 United States Army Reserve.  However, the record indicates that on          16 September 2010, DA HQS, 81st Regional Support Command, Fort Jackson, SC, Orders Number 10-159-00026, discharged the applicant from the United States Army Reserve, effective 21 September 2010, with an under other than honorable conditions discharge.  The record contains a properly constituted Order, which indicates the applicant was discharged under the provisions of AR 135-178, the reason for the applicant’s discharge is not contained in the available record.

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities.  The characterization is based upon the quality of the Soldier’s service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army Regulations, and the time-honored customs and traditions of the Army.  The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization.  Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized, if the Soldier is in entry-level status.  However, the permissible range of characterization varies based on the reason for separation.

       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 issues, and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to the former Soldier’s discharge from the Army.  However, the record shows that on 16 September 2010, DA HQS, 81st Regional Support Command, Fort Jackson, SC, Orders Number 10-159-00026, discharged the applicant from the United States Army Reserve, effective 21 September 2010, with an under other than honorable conditions discharge.  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 former Soldier 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.  
       
       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: 14 October 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Documents from Mayfield Clinic (9 pages), Request for a leave of Absence from Freestore Foodbank, Inc, and Discharge Orders, dated 16 September 2010.

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 2    No change 3
Reason -     Change 0    No change 5
(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: NA
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 AR20110005398
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