Applicant Name: ?????
Application Receipt Date: 2011/12/22 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that she requests an upgrade of her discharge to fully honorable. She desires to serve her country again.
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: 110223 Chapter: NIF AR: 135-178
Reason: NIF RE: SPD: NA Unit/Location: 332nd MC Bde, Nashville, TN
Time Lost: NIF
Article 15s (Charges/Dates/Punishment): NIF
Courts-Martial (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 22
Current ENL Date: 090109 Current ENL Term: 08 Years with an admin waiver (090107)
Current ENL Service: 02 Yrs, 01 Mos, 15 Days ?????
Total Service: 02 Yrs, 01 Mos, 15 Days the analyst utilized the applicant's enlistment contract, DD Form 214 and separation orders for computing the period of enlistment under review and the total service.
Previous Discharges: ADT-060910-091008/HD
(Concurrent Service)
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 68G10 Patient Admin Spec GT: NIF EDU: 2 Years College Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
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 18 February 2011, DA, HQS, 81st Regional Support Command, Fort Jackson, SC, Orders 11-049-00107, discharged the applicant from the United States Army Reserve, effective date: 23 February 2011, 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 Soldiers 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 applicants available military records during the period of enlistment under review, the issues 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 applicants discharge from the United States Army Reserve are not contained in the available records.
On 18 February 2011, DA, HQS, 81st Regional Support Command, Fort Jackson, SC, Orders 11-049-00107, discharged the applicant from the United States Army Reserve, effective date: 23 February 2011, 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.
The applicant desires to serve her country again. If the applicant desires to reenlist, she 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.
Furthermore, the analyst determined that the applicants 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 Boards 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: 30 May 2012 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: DD Form 293, dated (111219); DD Form 214, dated (091008); and Reduction/Discharge Orders 11-049-00107, dated (110218).
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
Board Vote:
Character - Change 0 No change 5
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: 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 AR20110025166
______________________________________________________________________________
Page 1 of 3 pages
ARMY | BCMR | CY2011 | AR20110005398
Facts, Circumstances, and Legal Basis for Separation a. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and...
ARMY | DRB | CY2010 | AR20100020563
Applicant Name: ????? The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. However, in review of the applicant's entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted.
ARMY | DRB | CY2011 | AR20110021351
Applicant Name: ????? The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. The applicants statements alone do not overcome the governments presumption of regularity and he has not provided any documentation (i.e., discharge packet) or further evidence in support of his request for an upgrade of the discharge under review.
ARMY | BCMR | CY2011 | AR20110022189
Facts, Circumstances, and Legal Basis for Separation a. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown.
ARMY | DRB | CY2012 | AR20120002833
The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. Although all the facts and circumstances pertaining to the applicants discharge are not contained in the available records and the analyst presumed government regularity in the discharge process, the available record does show periods during which the applicant was credited with attending drills and/or inactive duty training. The...
ARMY | DRB | CY2012 | AR20120005173
The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated 12 July 2011 (but received 8 March 2012); Discharge Orders, dated 2 November 2010; DA Form 5960 (BAH...
ARMY | DRB | CY2012 | AR20120005232
Applicant Name: ????? I evidently did not understand the process that I was going through and had been waiting to be notified of a hearing from counseling services. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization.
ARMY | DRB | CY2012 | AR20120002267
Applicant Name: ????? The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. However, the record does contain a properly constituted Order, which indicates that the applicant was discharged from the Army Reserve, effective 7 May 2007, with an under other than honorable conditions discharge.
ARMY | BCMR | CY2011 | AR20110008382
The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records during the period of enlistment under review and the issue and documents submitted with the application, the only pertinent evidence available for review regarding the applicant's discharge is his separation orders. Board...
ARMY | DRB | CY2008 | AR20080016163
Applicant Name: ????? The record indicates that on 9 February 2006, Department of the Army, Headquarters, 81st Regional Readiness Command, Birmingham, AL, Orders 06-040-00136, discharged the Applicant from the United States Army Reserve, effective 9 February 2006, with an under other than honorable conditions discharge and the Applicant was reduced from E5 to E1. c. Response to Issues, Recommendation and Rationale: After a careful review of the Applicants available military records, and...