Search Decisions

Decision Text

ARMY | DRB | CY2006 | AR20060013142
Original file (AR20060013142.txt) Auto-classification: Denied
Application Receipt Date: 060915	

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: 041013   
Chapter: 12    AR: 135-178
Reason: Misconduct
RE:     SPD: NA
Unit/Location: 311th  Theater Signal Command USAR Element, Fort Meade, MD 20755 

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:  590223  
Current ENL Date: 021028    Current ENL Term: 6 Years  ?????
Current ENL Service: 01 Yrs, 11 Mos, 16 Days calculated from discharge orders 04-287-00001 and enlistment contract.
Total Service:  07  Yrs, 06 Mos, 19 Days ?????
Previous Discharges: USAR-700900-791000/NA
                                       RA-791004-850506/HD
                                       USAR-850506-Refrad
Highest Grade: E2
Performance Ratings Available: Yes    No 
MOS: 71L10 Admin Spec   GT: NIF   EDU: HS Grad   Overseas: NIF   Combat: NIF
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, on 13 October 2004, Orders 04-287-00001, DA, HQ and HQ, 311th Theater Signal Command, Fort Meade, MD, discharged the applicant from the United States Army Reserve, effective date:  13 October 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.  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 wil 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 recommend 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.  However, on 13 October 2004, Orders 04-287-00001, DA, HQ and HQ, 311th Theater Signal Command, Fort Meade, MD, discharged the applicant from the United States Army Reserve, effective date:  13 October 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 analyst noted the applicant’s contentions; however, the applicant has provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s 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.  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 remainsboth proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 13 June 2007              
Location: Atlanta, GA

Did the Applicant Testify?  Yes     No  

Counsel: Na

Witnesses/Observers: NA????? 

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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, voted not to change it.





















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: ?????
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013142

Applicant Name:  Mr.        
______________________________________________________________________


Page 4 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 | CY2011 | AR20110000162

    Original file (AR20110000162.txt) Auto-classification: Denied

    Applicant Name: ????? So I spkoe (sic) with my squad leader to see what documents I needed to bring to my next drill and @ the Jan. drill I brought my pregnancy profile and proof of pregnancy as I was told. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary...

  • ARMY | DRB | CY2006 | AR20060011568

    Original file (AR20060011568.txt) Auto-classification: Denied

    Facts, Circumstances, and Legal Basis for Separation a. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 10 September 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case...

  • ARMY | DRB | CY2009 | AR20090007563

    Original file (AR20090007563.txt) Auto-classification: Denied

    Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 080517 Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participation RE: SPD: NA Unit/Location: 366th CM CO, Ft Stewart, GA Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Facts, Circumstances, and Legal Basis for Separation a. Further, on 17 May 2008 the separation authority directed that the...

  • ARMY | DRB | CY2009 | AR20090012505

    Original file (AR20090012505.txt) Auto-classification: Denied

    Applicant Name: ????? 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 Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE...

  • ARMY | DRB | CY2008 | AR20080001229

    Original file (AR20080001229.txt) Auto-classification: Denied

    Applicant Name: ????? 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. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon...

  • ARMY | DRB | CY2009 | AR20090011011

    Original file (AR20090011011.txt) Auto-classification: Denied

    Application Receipt Date: 2009/06/22 Prior Review: Prior Review Date: NA I. All the facts and circumstances pertaining to the applicant’s discharge from the United States Army Reserve are not contained in the available records. However, the issue that the applicant submitted is not a matter on which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion relating to the discharge process nor is it associated with the...

  • ARMY | DRB | CY2009 | AR20090000367

    Original file (AR20090000367.txt) Auto-classification: Denied

    Applicant Name: ????? Application Receipt Date: 2008/11/24 Prior Review: Prior Review Date: NA I. 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 | BCMR | CY2011 | AR20100030274

    Original file (AR20100030274.txt) Auto-classification: Denied

    It is to my understanding that the Army has enacted the Lodging in Kind policy for soldiers who travel greater than a 50 mile radius to drill unit effective 26 May of 2008. Facts, Circumstances, and Legal Basis for Separation a. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA Legend: AWOL Absent Without Leave GCM General Court Martial NA Not...

  • ARMY | DRB | CY2011 | AR20110011234

    Original file (AR20110011234.txt) Auto-classification: Denied

    Applicant Name: ????? Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, his discharge was improper because he was unable to attend drill. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization.