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ARMY | DRB | CY2006 | AR20060010209
Original file (AR20060010209.txt) Auto-classification: Denied
Application Receipt Date: 060720	

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: 050812   
Chapter: NIF    AR: 635-200
Reason: NIF
RE:     SPD: NIF
Unit/Location: US Army Human Resources Command, St. Louis, Mo, Atch to Commander, HQ US Garrison, Fort Dix, NJ 

Time Lost: NIF

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  NIF  
Current ENL Date: 030203/OAD    Current ENL Term: 03 Years  ?????
Current ENL Service: 02 Yrs, 06Mos, 10Days ?????
Total Service:  23 Yrs, 02Mos, 25Days ?????
Previous Discharges: USAR-810629-810914/NA
                                      RA-810915-860604/HD
                                      USARCG-860605-870324/NA
                                      USAR-870325-890726/NA
                                      USAR-890727-940324/NA
                                      RA-940325-950810/HD
                                      USAR-950830-960917/NA
                                      RA-960918-991117/HD
                                      USAR-991109-030202/NA
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 63B20 (Light Wheel Vehicle Mechanic)   GT: 107   EDU: BS   Overseas: Germany   Combat: None
Decorations/Awards: ARCOM, AAM (2d Award), AGCM, NDSM, NCOPDR, ASR, OSR, Army Reserve Components Overseas Training Ribbon (2d Award)
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 his discharge from the United States Army Reserve.  However, on 9 August 2005, AHRC-PAP-E550 Orders D-08-590224, DA, US Army Human Resources Command, 1 Reserve Way, St. Louis, Missouri, discharged the applicant from the United States Army Reserve/Active Guard Reserve, effective date:  12 August 2005, with an under other than honorable conditions discharge.

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  The regulation establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.
      

      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/Active Guard Reserve.  However, on 9 August 2005, AHRC-PAP-E550 Orders D-08-590224, DA, US Army Human Resources Command, 1 Reserve Way, St. Louis, Missouri, discharged the applicant from the United States Army Reserve/Active Guard Reserve, effective date:  12 August 2005, 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: 15 August 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 to deny relief.





















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: 


CHRISTINE U. MARTINSON				DATE: 22 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060010209

Applicant Name:  Mr.        
______________________________________________________________________


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