PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)
1. Character of Discharge: Honorable
2. Date of discharge (or REFRAD): 890207
3. Authority for separation:
a. Regulation: Chapter 11, AR 135-178
b. Reason: Expiration of Service Obligation
4. Prior review(s): NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review
1. Service data: 2. Awards and
decorations:
ASR
a. Period entered for: 6 Years
b. Entry date: 820427
c. Age: 19 Years DOB: 620827
d. Educational level: HS Grad
e. Aptitude area score:
GT: 92 3. Highest grade
achieved:
f. Length of Service: E4
6 Year(s) 9 Month(s) 10 Day(s)
4. Performance evaluations:
NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued
5. Periods of unauthorized absence: NONE
Status Inclusive dates
AWOL
Mil conf
Civil conf
Other
6. Nonjudicial punishment: NONE
Date Offense(s)
7. Court-Martial data: NONE
a. SCM:
Date Offense(s)
b. SPCM:
Date Offense(s)
c. GCM:
Date Offense(s)
8. Remarks: NONE
SECTION B - Prior Service Data
Other discharge(s):
Service From To Type Discharge
USARNGUS 810518 810726 NA
ADT 810727 811218 Honorable
USARNGUS 811219 820426 Honorable
(Concurrent service)
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 27 April 1982, the applicant
enlisted in the Army Reserve for a period of 6 years. On 29 October 1984,
the applicant was reassigned to the USAR Control Group (Annual Training)
under the provisions of Chapter 2, AR 140-10, by reason of an employment
conflict. On 8 February 1989, DA, US Army Reserve Personnel Center, St.
Louis, MO, discharged the applicant effective 7 February 1989, under the
provisions of Chapter 11, AR 135-178, by reason of expiration of service
obligation with service characterized as honorable.
b. On 7 February 1989, the applicant was discharged. At the time of
discharge, the applicant had completed 6 years, 9 months, and 10 days of
active military service in the period under review and had completed 7
years, 8 months, and 19 days total military service.
c. The Board noted that the applicant appears to have served beyond
the original 6-year contractual obligation; however, the official record
does not contain an explanation of the reasons for this. The Board also
noted that the applicant served previously in the Missouri Army National
Guard and received an honorable discharge upon his enlistment in the Army
Reserve.
2. Legal/Regulatory Basis for Separation Action: Army Regulation 135-178,
in effect at the time, set forth the basic authority for separation of
enlisted personnel. Chapter 11 of that regulation provided, in pertinent
part, for the separation of individuals at completion of terms of
enlistment or period of statutorily obligated service. Service of
individuals separated under this chapter was characterized as honorable,
unless in an uncharacterized description of service was required, or an
individual was transferred to the Ready Reserve to fulfill a service
obligation and given a service characterization of less than honorable upon
transfer.
A
SECTION B-APPLICANT’S SUBMISSIONS
1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicant’s DD Form 293.
2. Exhibit(s) submitted:
A-1: DD Form 293, dated 030523.
A-2: Counsel Issues: NONE
B-l: Other Documents: NONE
PART IV - PREHEARING REVIEW (CONTINUED)
SECTION C - Medical and/or Legal Advisory Opinion
Referred to ( ) Medical Advisor ( ) Legal Advisor
a. Medical prehearing comments (if applicable):
b. Legal prehearing comments (if applicable):
PART V - SUMMARY OF HEARING
SECTION A-Attendees and exhibits
1. Review/hearing information:
a. Type requested:
( X ) Records review ( ) Hearing
b. Type Held:
( X )Records review ( ) Hearing
( ) Tender Offer
c. Review/hearing location and date: Washington, D.C. on 7 January
2004.
d. Appearance by:
Applicant ( ) Yes ( X ) No
Counsel ( ) Yes ( X ) No
e. Applicant testified: ( ) Yes ( X ) No
f. Counsel presentation: ( ) Yes ( X ) No
g. Witness(es) testified: ( ) Yes ( X ) No
2. Exhibit(s) submitted at hearing:
PART VI - ISSUES AND FINDINGS
1. a. Applicant's issue(s) of propriety and/or equity:
( X ) Same as those listed on DD Form 293 and Part IV, Section A
of this case report and directive.
( ) Revised issue(s) furnished in writing by applicant as
follows:
( ) Additional issue(s) identified during review/hearing as
follows:
b. Request: ( X ) Recharacterization ( ) Change of Reason
2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on
issues of propriety and/or equity:
a. Propriety: The applicant has not submitted an issue of
propriety and the ADRB has not otherwise relied upon an
issue of propriety to change the discharge.
b. Equity: The parenthetical number(s) below correspond(s) to
the issue number(s) on the DD Form 293, or in Part VI,
Paragraph 1, above.
(1) The issue is rejected. The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
The record shows that the applicant was transferred to the USAR Control
Group (Annual Training) on 29 October 1984 and completed his statutorily
obligated service on 7 February 1989. His service was characterized as
honorable. The Board also noted that the applicant served successfully in
the Missouri Army National Guard (MOARNG) prior to his enlistment in the
Army Reserve. His service in the MOARNG was also characterized as
honorable. Although the Board noted the applicant’s request to change his
general discharge to a medical discharge, there does not appear to be a
“general discharge” in the applicant’s official record. In addition, there
are no service medical records in the applicant’s official record available
for the Board’s review. Further, this Board is not empowered to grant a
medical discharge, and this issue must be addressed to the Army Board for
Correction of Military Records (ABCMR). An application to the ABCMR is
included for the applicant’s use.
3. Response(s) to item(s) not addressed as decisional issue(s): NONE
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote
1. Board conclusion(s):
The discharge was:
( X ) Proper.
( ) Improper as to characterization. Change characterization to
.
( ) Improper as to reason. Change reason to
under .
( X ) Equitable.
( ) Inequitable as to characterization. Change characterization to
.
( ) Inequitable as to reason. Change reason to
under .
( ) Both proper and equitable, but characterization/reason for
separation cited was an administrative/clerical error and should
be changed to under
.
2. Voting record: Change No Change
Reason 0 5
Characterization 0 5
The names and votes of the members of the Board are recorded in
Part IX of this document and can be obtained by writing to the address
below. The request must contain the CASE NO. located in the upper right
corner of this document.
Department of the Army Review Boards Agency
ATTN: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508
3. Minority views: NONE
PART VII - BOARD ACTION
SECTION B - Verification and Authentication
Case report reviewed and verified
Ms. McKim-Spilker
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION
Approval Authority:
SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
Review Board
Official:
MARY E. SHAW
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
EXHIBITS:
A - Application for review of discharge C - Other
B - Material submitted by applicant
INDEX RECORD:
AR Number: 2003091772 INDEX NUMBERS: A9321
Date of Review: 040107 A9445
Character of Service: HD A0100
Date of Discharge: 890207
Authority: AR 135-178 C11
Reason: A0300
Results of Board Action/
Vote/Affirmation: NC 5-0 A
PART IX - VOTING RECORD
Name Reason Characterization
CHANGE NC HON UHC NC
UNCHAR
1. Mbr X X
2. Mbr X X
3. Mbr X X
4. Mbr X X
5. PO X X
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