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. Soldiers 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 applicants 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 applicants 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 applicants 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 applicants 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 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 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.
______________________________________________________________________
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