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. Soldiers 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 applicants 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 commanders 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 applicants available military records, the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicants discharge. The applicants 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 applicants 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 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: 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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