Application Receipt Date: 060908	

Prior Review    Prior Review Date: None

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

Issues: See applicant's 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: 010307   
Chapter: NIF    AR: 135-178
Reason: NIF
RE:     SPD: NA
Unit/Location: 955 Engineer Detachment, Engineer Company (-), Fort Leonard Wood, MO 65473-5840 

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:  811102  
Current ENL Date: OAD/990601    Current ENL Term: 00 Years  10 Weeks
Current ENL Service: 00 Yrs, 02 Mos, 05Days ?????
Total Service:  01  Yrs, 10 Mos, 16 Days ?????
Previous Discharges: USAR-990426-990531/NA
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: None   GT: 117   EDU: HS Letter   Overseas: None   Combat: None
Decorations/Awards: NIF
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; the evidence of record shows that on 7 March 2001, Orders 01-066-009, DA, HQ, 89th Regional Support Command, Wichita, KS, discharged the applicant from the United States Army Reserve, effective date:  7 March 2001, with service uncharacterized.  This document identifies the Army Regulation governing the separation of enlisted members from the United States Army Reserve and the analyst presumed Government regularity in the discharge process. 
      
      The analyst notes that the applicant believes he received a general, under honorable conditions discharge when he was separated from the service.  However; the discharge order shows that his service was uncharacterized.  

      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.  

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s available military records during the period of enlistment under review and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge and recommends that relied 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.  However; the evidence of record shows that on 7 March 2001, Orders 01-066-009, DA, HQ, 89th Regional Support Command, Wichita, KS, discharged the applicant from the United States Army Reserve, effective date: 7 March 2001, with service uncharacterized.  This document identifies the characterization of the discharge and the analyst presumed Government regularity in the discharge process. The evidence of record shows that the applicant's service was uncharacterized because he was in entry-level status, i.e., in an initial probationary period of service.  Any individual, who has served for less than 180 days at the time his or her commander initiated separation action, and is not being separated for serious misconduct, will be given an uncharacterized discharge.  An uncharacterized discharge denotes only that the individual had less than 180 days on active duty.  Army Regulation 635-200 provides that a Soldier’s service will be uncharacterized when his separation is initiated while the Soldier is in entry-level status.  A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable characterization of service. The analyst was satisfied that all the 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 issues; however, there is no evidence of record and the applicant has submitted no probative medical evidence that he had a medical problem which rendered him disqualified for further military service and that he was not able to perform his duties, with either medical limitation or medication.  In view of the foregoing, 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: 24 October 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: 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: 


CHRISTINE U. MARTINSON			DATE: 2 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060012954

Applicant Name:  Mr.        
______________________________________________________________________


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