Applicant Name:  ?????

Application Receipt Date: 2011/11/04	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.  He contends not being notified of his discharge from the U.S Army Reserves.    

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: 061015   Chapter: NIF      AR: 135-178
Reason: NIF	   RE:     SPD: NA   Unit/Location: 547th Transportation Company, Washington, DC  

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:  51
Current ENL Date: 060112/USAR    Current ENL Term: 06  Years  ?????
Current ENL Service: 	00  Yrs, 09  Mos, 04  Days ?????
Total Service:  		25  Yrs, 07  Mos, 22  Days ?????
Previous Discharges: 	USAR-741115-741124/NA
                                       RA-741125-751210/HD
                                       ARNG-820310-030306/NA
                                       AD-030307-040707/HD
                                       ARNG-040708-060111/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 92G20 Food Service Spec   GT: NIF   EDU: HS Grad   Overseas: Germany (Prior Service)   Combat: None
Decorations/Awards: AAM-3, NDSM-2, GWOTSM, AFRM-"M" DEV, NCOPDR, ASR, OSR, DCARNG ARCOM SVR RBN-4, DCARNG ESR  

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 22 September 2006, DA, HQS, 99th Regional Readiness Command, Coraopolis, PA, Orders 06-265-00024, discharged the applicant from the United States Army Reserve, effective date:  15 October 2006, with an uncharacterized discharge. 
       
       
        

       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 issues and documents submitted with the application, the analyst determined that the applicant's characterization of service is improper.  Army regulations stipulate that the service of any individual who has more than 180 days of continuous service, his discharge will be characterized.  
       
       Further evidence of record shows the applicant was discharged from the Army National Guard and immediately enlisted in the U.S. Army Reserve without a break in service.  The applicant had previously completed basic combat training, advanced individual training, and during the current enlistment he completed a service school  to change his military occupation speciality (MOS) to food service specialist and was assigned to a permanent USAR Ready unit.  The analyst noted that the applicant had completed 09 months and 04 days of continuous service on the current period of enlistment and was not in an entry level status.   
       
       In view of the foregoing, the analyst recommends to the Board to grant relief in the form of an upgrade of the characterization of service to fully honorable.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 16 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, dated (111025); Handwritten Self-Authored Statement, two (2) pages, dated (111103); Discharge Orders 06-265-00024, Uncharterized, dated (060922); Progress Notes, fourteen (14) pages, dated (110812); U.S. Department of Labor, Certification of Health Care Provider, three (3) pages, dated (081106); Medical Documents, [redacted], two (2) pages, dated (060329); Active Duty for Training Orders 001697, dated (061017); DA Form 3349 (Physical Profile), dated (031009); Memoramdum for Record, Battle Assembly Dates FY 2007, dated (060802); Letter, VA Medical Center, two (2) pages, dated (061122); [redacted] Hospital, Discharge Instructions, dated (080611); and a DD Form 293, dated (040707).  







VIII.  Board Discussion, Determination, and Recommendation
After a careful review of all the applicant's available military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst determined that the applicant's characterization of service is improper.  Army regulations stipulate that the service of any individual who has more than 180 days of continuous service, his discharge will be characterized.  

Further evidence of record shows the applicant was discharged from the Army National Guard and immediately enlisted in the U.S. Army Reserve without a break in service.  The applicant had previously completed basic combat training, advanced individual training, and during the current enlistment he completed a service school  to change his military occupation speciality (MOS) to food service specialist and was assigned to a permanent USAR Ready unit.  The analyst noted that the applicant had completed 09 months and 04 days of continuous service during the current period of enlistment and was not in an entry level status.   

In view of the foregoing, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
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: No Change
Other: TO: ARBA Promulgation Team. Arlington, VA                                                        Date:16 May 2012                        

     The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Promulgation Team, Arlington, VA issue a new discharge order to the applicant which reflects the following directed changes:

           ( X  )  Change characterization of discharge to fully Honorable.
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 AR20110022310
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