Application Receipt Date: 060801
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See 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: 040831
Chapter: NIF AR: 135-178
Reason: NIF
RE: SPD: NIF
Unit/Location: HHD EPW/CI, 304th Military Police Battalion, Nashville, TN 37209-4598
Time Lost: NIF
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 770620
Current ENL Date: 000229 Current ENL Term: 8 Years ?????
Current ENL Service: 04 Yrs, 06 Mos, 03 Days ?????
Total Service: 04 Yrs, 06 Mos, 03 Days ?????
Previous Discharges: NIF
Highest Grade: E3
Performance Ratings Available: Yes No
MOS: NIF GT: NIF EDU: College Transcript Overseas: NIF Combat: NIF
Decorations/Awards: NIF
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: NIF
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 his discharge from the United States Army Reserve. However, the evidence of record shows that on 31 August 2004, Orders 04-244-00022, DA, HQ, 81st Regional Readiness Command, Birmingham, Alabama, discharged the applicant from the United States Army Reserve, effective date: 31 August 2004, with a 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. 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 issues 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. However, on 31 August 2004, Orders 04-244-00022, DA, HQ, 81st Regional Readiness Command, Birmingham, Alabama, discharged the applicant from the United States Army Reserve, effective date: 31 August 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. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicants 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 analyst determined that 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: 1 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 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, voted to deny relief.
Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 13 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060011515
Applicant Name: Mr.
______________________________________________________________________
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