Search Decisions

Decision Text

ARMY | DRB | CY2006 | AR20060010503
Original file (AR20060010503.txt) Auto-classification: Denied
Application Receipt Date: 060728	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See applicant's attached DD Form 293.

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: 040909   
Chapter: 12    AR: 135-178
Reason: Misconduct
RE:     SPD: NIF
Unit/Location: 907th Engineer Detachment Fire Fighting, HQ TM1, Yakima, WA 

Time Lost: None

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  790513  
Current ENL Date: 010118    Current ENL Term: 08 Years  ?????
Current ENL Service: 03 Yrs, 07Mos, 22Days ?????
Total Service:  03 Yrs, 07Mos, 22Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: NIF   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NIF
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Applicant states that he is currently enrolled in the Fire Academy and has obtained his EMT-B Certification.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The specific facts and circumstances leading to the applicant’s discharge from the United States Army Reserves are not contained in the available records.  However, the evidence of record shows that on 9 September 2004, DA, HQ, 70th Regional Readiness Command; 4570 Texas Way West, Seattle, Washington, Orders 04-253-00010 discharged the applicant from the United States Army Reserve, with an general, under honorable conditions discharge.  He was discharged effective 9 September 2004, which was prior to the expiration of his enlistment obligation.  

      b.  Legal Basis for Separation:  
      Army Regulation 135-178 (Enlisted Administrative Separations) 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 will 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 and the issue he submitted, the analyst recommends 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.  The evidence of record shows that on 9 September 2004, DA, HQ, 70th Regional Readiness Command, Seattle, Washington, Orders 04-253-00010, discharged the applicant from the United States Army Reserve, effective date:  9 September 2004, with a general, under honorable conditions discharge. This document identifies the characterization of the discharge and the analyst presumed Government Regularity in the discharge process.  Barring 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.  The analyst noted the applicant’s contentions; however, the creation of a discharge certificate is not within the purview of the Army Discharge Review Board.  A copy of the appropriate discharge certificate may be acquired by submission of a Standard Form 180 to the applicable address:  Former active duty Army and Reserve Personnel:  National Personnel Records Center (Military Personnel Records), 9700 Page Boulevard, St Louis, MO  63132.  Furthermore, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  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: 25 July 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: 


MARY E. SHAW				DATE: 1 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060010503

Applicant Name:  Mr.       
______________________________________________________________________


Page 5 of 5 pages

Similar Decisions

  • ARMY | DRB | CY2008 | AR20080001879

    Original file (AR20080001879.txt) Auto-classification: Denied

    Applicant Name: ????? Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 040809 Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participation in the Ready Reserve RE: SPD: NA Unit/Location: HQ, 5th Bde, 78th Div, Fort Meade, MD Time Lost: NIF Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. In view of the foregoing, the analyst determined that the reason for discharge...

  • ARMY | DRB | CY2009 | AR20090008111

    Original file (AR20090008111.txt) Auto-classification: Denied

    Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II. 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. Board Action Directed President, Army Discharge...

  • ARMY | DRB | CY2009 | AR20090008979

    Original file (AR20090008979.txt) Auto-classification: Denied

    Applicant Name: ????? Legal Basis for Separation: Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel from the United States Army Reserve. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2008 | AR20080011539

    Original file (AR20080011539.txt) Auto-classification: Denied

    Applicant Name: ????? Application Receipt Date: 2008/07/23 Prior Review: Prior Review Date: NA I. Total Service: 06 Yrs, 04Mos, 11Days the analyst utilized applicant's prior DD Form 214 and the separation order for computing the period of enlistment under review and total service.

  • ARMY | DRB | CY2008 | AR20080002559

    Original file (AR20080002559.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 9 May 2007, the unit commander (LTC, CA, USAR, Commanding), notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participation for failure to report for more than nine unit training assemblies, with an under other than honorable conditions discharge. Board Discussion, Determination, and Recommendation After carefully examining...

  • ARMY | DRB | CY2006 | AR20060008881

    Original file (AR20060008881.txt) Auto-classification: Denied

    Current ENL Service: 00 Yrs, 07Mos, 07Days ????? Army Regulation 135-178 also provides, except in cases of serious misconduct, that a soldier’s service will be uncharacterized when her separation is initiated while the soldier is in entry level status. 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...

  • ARMY | DRB | CY2008 | AR20080017560

    Original file (AR20080017560.txt) Auto-classification: Denied

    Applicant Name: ????? Further, in review of the applicant’s available service record, the analyst found that his prior or subsequent service did not overcome the reason for discharge and characterization of service granted. 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...

  • ARMY | DRB | CY2009 | AR20090002935

    Original file (AR20090002935.txt) Auto-classification: Denied

    Applicant Name: ????? I received a “General Under Honorable Conditions” from the Army Reserves in 2006. The Unit Administrator called me and said that I had an “Army Commendation Medal” that had been awarded to me during my time overseas and I could come pick it up.

  • ARMY | DRB | CY2008 | AR20080015266

    Original file (AR20080015266.txt) Auto-classification: Denied

    Applicant Name: ????? Discharge Under Review Unit CDR Recommended Discharge: NIF Date: NIF Discharge Received: Date: 060427 Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participation in the Ready Reserve RE: SPD: NIF Unit/Location: HHC, 367th Engineer Bn, St. In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.

  • ARMY | DRB | CY2009 | AR20090008376

    Original file (AR20090008376.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 14 January 2008, the unit commander notified the applicant by certified mail of initiation of separation action under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participation for accumulating 40 unexcused absences, with an under other than honorable conditions discharge. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service...