Application Receipt Date: 060516	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: NIF
Discharge Received:     Date: 030219   
Chapter: 12    AR: 135-178
Reason: Misconduct
RE:     SPD: NA
Unit/Location: 163rd Ordnance Company Irvine, CA 92606-5016 

Time Lost: None

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

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  630127  
Current ENL Date: 990815    Current ENL Term: 6 Years  ?????
Current ENL Service: 03 Yrs, 06 Mos, 04 Days calculated from discharge Orders 03-050-00019 and enlistment contracts.
Total Service:  06  Yrs, 05 Mos, 08 Days ?????
Previous Discharges: USAR-960912-990814/HD
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 92G20 Food Service Spec   GT: NIF   EDU: NIF   Overseas: NIF   Combat: NIF
Decorations/Awards: NIF
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: A supporting memorandum states the applicant is a volunteer youth counselor at the Boys and Girls Club of Costa Mesa, CA since August 2004 to the present.  It further states he is volunteer coach for the 7th and 8th grade boys and girls basketball teams.  The statement concludes by relating that the applicant was awarded a plaque by the LA County Youth Authorities for volunteering to set up a military field kitchen and serve breakfast for over 1500 kids, police officers and volunteers. 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve.  However, on 19 February 2003, Orders 03-050-00019, DA, HQ, 63rd Regional Support Command, Los Alamitos, California, discharged the applicant from the United States Army Reserve, effective date:  19 February 2003, 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 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard.  Chapter 12, paragraph 12-1 of the regulation, ineffect at the time, governed separation of misconduct.  When discharged under this provision, Army policy states that the characterization of service wil normally be under other than honorable conditions.  The regulation also permitted the characterization of service as general, under honorable conditions. 
      
      
      
      
      
      
      
      

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s available military records for the period of enlistment under review, the issue and documents he submitted, the analyst recommend that relief be denied in this case.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve.  However, on 19 February  2003, Orders 03-050-00019, DA, HQ, 63rd Regional Support Command, Los Alamitos, California, discharged the applicant from the United States Army Reserve, effective date:  19 February 2003, 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.  The analyst noted the applicant’s contentions; however, the applicant has provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  In the absence of corroborated 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.  Therefore, the reason for discharge and the characterization of service were both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 28 March 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      	Change     No change    (Character)
		 			       	Change     No change    (Reason)
					      (Board member names available upon request)

IX.  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 characterization of service was too harsh, and as a result it is now inequitable.  The Board does not condone the applicant's misconduct; however, determined that the overall length and quality of the applicant's service and his post service accomplishments mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board found that the reason for discharge was both proper and equitable and voted not to change it.  This action entails a restoration of grade to SGT/E5.    















Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: TO: ARBA Support Division-St Louis      Date:  28 March 2007       

     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 Support Division-St Louis issue a discharge order to the applicant which reflects the following directed change(s):

           ( X )	Change characterization of discharge to General, Under Honorable Conditions.
           ( X )	Other (see remarks below).

Remarks:  This action entails voiding discharge order (HQ, 63rd  Regional
                 Spt Cmd, Los Alamitos, CA) and reissuing a new discharge order.  The 
                 new discharge order should reflect the characterization of service as
                 general, under honorable conditions and a restoration of grade to              
                 Sergeant/E-5. 
RE Code:  
Grade Restoration:   No   Yes  Grade: SGT/E5

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 30 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007006

Applicant Name:  Mr.        
______________________________________________________________________


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