Application Receipt Date: 060616
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293 and supporting 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: 941021
Discharge Received: Date: 950315
Chapter: 5 AR: 135-178
Reason: Failure to ship for Initial Active Duty for Training/Apathy
RE: SPD: None
Unit/Location: C Company 314th Military Intelligence Battalion, Detroit, MI
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 720808
Current ENL Date: 940809 Current ENL Term: 21 Weeks ?????
Current ENL Service: 00 Yrs, 07Mos, 07Days ?????
Total Service: 01 Yrs, 03Mos, 22Days ?????
Previous Discharges: USAR-931124-940808/NA
Highest Grade: E2
Performance Ratings Available: Yes No
MOS: None GT: NIF EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 21 October 1994, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, AR 135-178, by reason of failure to ship for initial active duty for training/apathy. The specific facts and circumstances leading to the applicants discharge from the United States Army Reserve are not contained in the available records. However, the evidence of record shows that on 15 March 1995, Orders 074-25, DA, Headquarters, 123d United States Army Reserve Command, Fort Benjamin Harrison, Indiana, discharged the applicant from the United States Army Reserve, effective date: 15 March 1995, with a uncharacterized discharge.
b. Legal Basis for Separation:
Army Regulation 135-178 govern procedures for the administrative separation of enlisted personnel of the Army National Guard and Army Reserve. Chapter 5 prescribes criteria and procedures for the separation of enlisted Soldiers while in an entry level status. The service of Soldiers separated under this chapter will be described as uncharacterized while in an entry level status.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available records for the period of enlistment under review, and the issue she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants record is void of the specific facts and circumstances concerning the events that led to her discharge from the United States Army Reserve. The analyst noted from the evidence of record that the applicant received an uncharacterized separation while in an entry-level status (ELS). Army Regulation 135-178 Chapter 5, provides in pertinent part, that a soldier is in entry-level status for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive soldiers may be expeditiously separated while in entry-level status. Army Regulation 135-178 also provides, except in cases of serious misconduct, that a soldiers service will be uncharacterized when her separation is initiated while the soldier is in entry level status. Therefore, the reason for discharge and the characterization of service remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 23 May 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 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 equitable and voted not to change it.
Case report reviewed and verified by: Eric S. Moore, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 31 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060008881
Applicant Name: Ms.
______________________________________________________________________
Page 5 of 5 pages
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