Application Receipt Date: 060710	

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: 060430   
Chapter: 12    AR: 135-178
Reason: Misconduct
RE:     SPD: NIF
Unit/Location: Headquarters and Headquarters Company, 81st Regional Readiness Command, Birmingham, AL 

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:  720806  
Current ENL Date: 050628    Current ENL Term: 03 Years  ?????
Current ENL Service: 00 Yrs, 10Mos, 03Days ?????
Total Service:  11 Yrs, 05Mos, 27Days ?????
Previous Discharges: USN-910905-960704/HD
                                      USNR-960705-990428/NA
                                      ARNG-990429-020428/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: NIF   GT: NIF   EDU: NIF   Overseas: NIF   Combat: NIF
Decorations/Awards: NIF
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 complete facts and circumstances concerning the events that led to his discharge from the United States Army Reserve.  However, the records shows that the applicant did acknowledge recipt of the Notification of Separation Proceedings Under Army Regulation 135-178, Chapter 12, dated 8 December 2005 and that he excercised his right to consult with counsel in preparation of his request for a conditional waiver of his right to a hearing before an administrative separation board.  On 30 March 2006, Orders 06-089-00100, DA, HQ, 81st Regional Readiness Command, Birmingham, Alabama, discharged the applicant from the United States Army Reserve, effective date: 30 April 2006, with an under other than honorable conditions discharge.  The applicant was to be reduced to the grade of PV1.

      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 all the  facts and circumstances concerning the events that led to his discharge from the United States Army Reserve.  However, on 30 March 2006, Orders 06-089-00100, DA, HQ, 81st Regional Readiness Command, Birmingham, Alabama, discharged the applicant from the United States Army Reserve, effective date: 30 March 2006, 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: 6 June 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 0    No change 5   - Character
		 			      Change 0    No change 5   - 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: 21 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060009753

Applicant Name:  Mr.       
______________________________________________________________________


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