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ARMY | DRB | CY2006 | AR20060009263
Original file (AR20060009263.txt) Auto-classification: Denied
Application Receipt Date: 060629	

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: NIF
Discharge Received:     Date: 040421   
Chapter: NIF    AR: 135-178
Reason: NIF
RE:     SPD: NIF
Unit/Location: 0321 Psychological Operations Command Tactical, Parma, OH 

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  520610  
Current ENL Date: 970312    Current ENL Term: 08 Years  ?????
Current ENL Service: 07 Yrs, 01Mos, 10Days ?????
Total Service:  24 Yrs, 00Mos, 04Days ?????
Previous Discharges: AF-730531-750103/HD
                                      USMCR-751205-791205/HD
                                      ARNG-860626-970311/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 12B10 (Combat Engineer)   GT: 110   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ARCOTR (2d Award), NCOPDR, ASR, NDSM, Certificate of Participation, Certificate of Achievement, Certificate of Appreciation 
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:
      The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the United States Army Reserve.  The evidence of record shows that on 21 April 2004, Orders 04-112-0004, DA, HQ, United States Army, Civil Affairs and Psychological Operations Command (A), Fort Bragg, North Carolina, discharged the applicant from the United States Army Reserve, effective date: 21 April 2004, with an general, under honorable conditions discharge.

      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 7 of the regulation, in effect at the time, governed separation for acts or patterns of misconduct, including unsatisfactory participation.  The regulation provided that the separation authority could disapprove the commander’s recommendation for discharge for misconduct and direct disposition by other means, disapprove the recommendation for separation for misconduct and direct separation for unsatisfactory performance, or convene a board of officers to determine whether the service member should be separated for misconduct.  When discharged under this provision, Army policy states that the characterization of service will normally be under other than honorable conditions.  The regulation also permitted the characterization of service as under honorable conditions, but did not authorize the characterization of service as honorable.
      
      
      
      

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s available military records, the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge.  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, the applicant’s record does contain order No. 04-112-0004, from Department of Army, Headquarters, United States Army, Civil Affairs and Psychological Operations Command (A), Fort Bragg, North Carolina, dated 21 April 2004, discharging him from the United States Army Reserve.  However, barring evidence to the contrary, the analyst presumes Government Regularity in the discharge process.  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 remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 30 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 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 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: 11 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060009263

Applicant Name:  Mr.        
______________________________________________________________________


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