Applicant Name:  ?????

Application Receipt Date: 2011/04/11	Prior Review:     Prior Review Date: Record Review (091209), denied

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "when i went down to the meps in fort hamilton, brooklyn i felt like i was pushed and pressured to pick my mos as a combat medic. so i let myself be pushed into it, then when i went and spoke to my superiors during boot camp. they adviced me the best thing to do was to go to my AIT training pass it and once i get to my reserve unit to request a new job. so i passed all my training and when i arrived to my unit i asked my commander for a new mos. i told him i didnt feel comfortable being a medic and would rather be an MP. i felt like i wasnt being listened to and decided to stop attending drills just to make a point. i finally went in and spoke to my commander and he said he will help me change my MOS to an MP. However there was a mix up in paperwork and i ended up being discharged for unsattisfactory participant. my commander acknowledged it was a mistake and wrote me a letter saying he is willing to take me back in the unit so i can reenlist. however when i went to reenlist they did not let me because of my RE code. The RE code they put me under does not let me reenlist. so i ask to please upgrade my discharge or atleast upgrade my RE code so that i can rejoin the army reserves do my time and serve my country proudly. i also have a letter from my recruiter that was trying to help me reenlist. thank you"

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: 071213   Chapter: NIF     AR: 135-`78
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: 340th MP Co, Fort Totten, NY 

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:  21
Current ENL Date: 060119    Current ENL Term: 08 Years  ?????
Current ENL Service: 	01 Yrs, 00 Mos, 24 Days ?????
Total Service:  		02 Yrs, 00 Mos, 12 Days ?????
Previous Discharges: 	USAR 051202-060118/NA
                                       IADT 060126-060802/HD
                                         (Concurrent Service)
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 91W10/Health Care Specialist   GT: 113   EDU: Associate of Science Degree   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  East Elmhurst, NY
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.
       
       The record indicates that on 9 October 2008, DA HQS, 99th Regional Readiness Command, Fort Dix, NJ, Orders number 08-283-00006, discharged the applicant from the United States Army Reserve, effective 13 December 2007, 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, with a characterization of service of under other than honorable conditions.

       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 issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       On 9 October 2008, DA HQS, 99th Regional Readiness Command, Fort Dix, NJ, Orders number 08-283-00006, discharged the applicant from the United States Army Reserve, effective 13 December , 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 contends that he stopped attending drills just to make a point and had asked to be reclassified as a military policeman, there was a mix up in paperwork and he ended up being discharged for unsatisfactory participation.  The analyst noted the applicant's contentions, 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.  
       
       Furthermore, the applicant's contends that the RE code they put him out under does not allow him to reenlist. If reenlistment is desired, the applicant should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.  
       
       
       
       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: 8 August 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: Online application, Discharge Orders, a self-authored statement, letter of acceptance, letter from recruiter, and DD Form 214 for a prior period of service.

VIII.  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 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 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 AR20110006733
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