Application Receipt Date: 060905	

Prior Review    Prior Review Date: None

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

Issues: The applicant stated in essence that a domestic issue resulted in a decision to leave her unit and that she was told that she would be transferred into the Inactive Ready Reserve but that she was discharged and received a General discharge.  She stated also that she would like to return to military service and needs an upgrade of her characterization of service in order for her to do so.  The applicant submitted 15 pages of military 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: 060621   
Chapter: 13    AR: 135-178
Reason: Unsatisfactory Participation
RE:     SPD: None
Unit/Location: Company B, 5th Battalion, 159th Aviation Regiment (WTS7B0), Fort Eustis, VA 23604-5000 

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:  770914  
Current ENL Date: 040913    Current ENL Term: 4 Years  ?????
Current ENL Service: 1 Yrs, 9 Mos, 9 Days ?????
Total Service:  11 Yrs, 11 Mos, 28 Days ?????
Previous Discharges: ARNG-940624-000531/HD
                                      USAR-000601-031120/NA
                                      USAR-031121-031205/NA
                                      ADT-031205-040402/HD
                                      USAR-040913-041118/NA
                                      ADT-041119-050511/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 15R10, Helicopter Repairer   GT: 111   EDU: Some College   Overseas: None   Combat: None
Decorations/Awards: ARCOM, ACOTR (2), AAM (2), NDSM, ASR, CB
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None were submitted.

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 Reserve are not contained in the available records.  However, the evidence of record shows that on 21 June 2006, Orders 06-172-00017, Department of Army, Headquarters, U.S. Army Reserve Command, 1401 Deshler Street, SW, Fort McPherson, GA, discharged the applicant from the United States Army Reserve, effective date:  21 June 2006, with a general, under honorable conditions discharge.

      b.  Legal Basis for Separation:  
      Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1 year period.  Paragraph 1-18b(3) of that regulation provides, in pertinent part, that individuals who are separated for being unsatisfactory participants will be processed for discharge under the provision of AR 135-178, Chapter 13.  An enlisted member separated for misconduct which includes unsatisfactory participation will normally be furnished a characterization of service of under other than honorable conditions in accordance with Army Regulation 135-178.
      

      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 she 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 her discharge from the United States Army Reserve.  The evidence of record shows that on 21 June 2006, Orders 06-172-00017, Department of Army, Headquarters, U.S. Army Reserve Command, 1401 Deshler Street, SW, Fort McPherson, GA, discharged the applicant from the United States Army Reserve, effective date:  21 June 2006, with a general, under honorable conditions discharge.  This document (Orders 06-172-00017), 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 evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  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. 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: 2 April 2007              
Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None




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     No change    (Character)
		 			       	Change     No change    (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: Mr. John Zangas, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: None
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: 11 April 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060012668

Applicant Name:  Ms.       
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