Applicant Name:  ?????

Application Receipt Date: 2011/07/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable.  In his application, the applicant referred to a letter to his Congressman.  However, the letter did not have any issues of equity or propriety to be considered by the Board.  

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 051129   Chapter: NIF     AR: 135-178
Reason: NIF	   RE:     SPD: NA   Unit/Location: HQS, 310th Military Police Bn (I/R), (EPW/CI), Uniondale, NY  

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 010924    Current ENL Term: 08 Years  ?????
Current ENL Service: 	04  Yrs, 02  Mos, 06  Days ?????
Total Service:  		04  Yrs, 02  Mos, 06  Days The analyst utilized the applicant's enlistment contract and  separation orders for computing the period of enlistment under review and the total service.
Previous Discharges: 	None
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 73C10 Finance Spec    GT: NIF   EDU: College Grad   Overseas: Southwest Asia   Combat: Iraq (13 months, specific dates not in file), see letter to the applicant's Congressman.
Decorations/Awards: NIF

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

VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The specific facts and circumstances leading to the applicant's discharge from the United States Army Reserve are not contained in the available records.  On 29 November 2005, DA, HQS, 77th U.S. Army Regional Readiness Command, Fort Totten, NY, Orders 05-333-00019, discharged the applicant from the United States Army Reserve, effective date:  29 November 2005, with an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank.
       
       
       
       

       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 military records during the period of enlistment under review, the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  All the facts and circumstances pertaining to the applicant’s discharge from the United States Army Reserve are not contained in the available records.
        
       However, on 29 November 2005, DA, HQS, 77th U.S. Army Regional Readiness Command, Fort Totten, NY, Orders 05-333-00019, discharged the applicant from the United States Army Reserve, effective date:  29 November 2005, with an under other than honorable conditions discharge.  This document identifies the characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       Barring 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.  By the applicant's failure to perform to standards diminished the quality of his service below that meriting an honorable discharge.
       
       Furthermore, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  If the applicant desires to appear before a personal appearance Board, 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 based on the discharge orders, the characterization of service was both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 21 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: yes [redacted] 

Witnesses/Observers: No 

Exhibits Submitted: DD Form 149, (undated); Self-Authored Statement, dated (110726); two (2) Active Duty Orders         192-008, dated (011007), M-016-0069, dated (030116); Amended Permanent Orders 305-45, dated (031101); Promotion Orders 03-086-00077, dated (030327); Memorandum, 77th Regional Readiness Command, Junior Officer Recruitment Program, dated (051107); Certificate of Training, undated; Certifcate of Completion, NCO Academy, dated (040206); three (3) Certificates of Achievement, dated (030529), (020619), (020809); AAM Citation, dated (021031); Letter of Commendation, dated (040206); DA Form 1059 (Service School Academic Evaluation Report), dated (040206); three (3) DA Forms 638 (Recommendation for Award), dated (040216), (031101), two (2) pages, (021029); Certificate of Appreciation, dated (020809); and Discharge Orders 05-333-00019, dated (051129).     

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						
Board Vote:
Character - Change 2    No change 3
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: None

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????











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 AR20110015575
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