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. Soldiers 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 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 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 applicants 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 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 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 applicants contentions; however, the applicant has 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. 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 applicants record of service during the period of enlistment under review, hearing his testimony, and considering the analysts 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.
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