Applicant Name:  ?????

Application Receipt Date: 2011/07/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant, states in effect, that he was unjustly discharged and reduced in rank because he had requested to be released from his contract due to his 50 percent PTSD disability rating which was service connected as determined by the Veterans Administration.  He notified his unit about his worsening condition but his company commander reduced him from E-5 to E-4 and he was very disappointed.  He requested a medical evaluation board which was denied and was later processed for separation and he received an under other than honorable conditions discharge.  He requests an upgrade to honorable, his rank back, and that his bonus which he had to repay be forgiven.

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: 100427   Chapter: 13    AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: 389th EN Co, Middletown, IA 

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:  32
Current ENL Date: 071007    Current ENL Term: 6 Years  ?????
Current ENL Service: 	02 Yrs, 06Mos, 20Days ?????
Total Service:  		17 Yrs, 08Mos, 21Days Includes inactive service
Previous Discharges: 	USAR 920806-010726/NIF
                                        IADT 930701-931029/UNC
                                        OAD 030315-040530/HD
                                        USAR 010727-040909/HD
                                        USAR 040910-071006/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 21W20/Carpentry and Masonry Spc   GT: 113   EDU: HS Grad   Overseas: SWA   Combat: Iraq (030609-040501)
Decorations/Awards: AAM, ARCAM, GWOTEM, GWOTSM, AFRM-M, ASR

V.  Post-Discharge Activity
City, State:  Burlington, IA
Post Service Accomplishments: None listed





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record 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.  
       
       The record indicates that on 27 April 2010, DA HQS, 416th Theater Engineer Command, Darien, IL, Orders number 10-117-00007, discharged the applicant from the Army Reserve, effective 27 April 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 AR 135-178, for Unsatisfactory Participation.

       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, and the issue and medical documents (PTSD) submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       On 27 April 2010, DA HQS, 416th Theater Engineer Command, Darien, IL, Orders number 10-117-00007, discharged the applicant from the Army Reserve, effective 27 April 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 contends that he was being treated for PTSD and requested to be released from his contract.  However, the facts pertaining to the applicant’s discharge are not contained in his record and the analyst presumed government regularity.  
       
       The burden of proof remains with the applicant to provide the appropriate documents (entire discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  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.
       
       Furthermore, the analyst noted the applicant's issue about getting his rank back and the remission of his bonus which he must pay back; however, the corrections the applicant requests do not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization. 
       
       
       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, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: VA decision for award of PTSD, Mental Health memorandum (3), mental health evaluation, doctor's statement, DD Form 293 and a self-authored statement.

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 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 AR20110014905
______________________________________________________________________________


Page 1 of 3 pages