Application Receipt Date: 061003	

Prior Review    Prior Review Date: None

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

Issues: See applicant's DD Form 293 and attached 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: 041212
Discharge Received:     Date: 050510   
Chapter: 13    AR: 135-178
Reason: Unsatisfactory Participation In The Ready Reserve
RE:     SPD: NA
Unit/Location: 88th Regional Readiness Command, TTHS Account, Fort Snelling, MN 55111-4009 

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:  810610  
Current ENL Date: 000314/OAD    Current ENL Term: NIF Years  ?????
Current ENL Service: 05 Yrs, 01 Mos, 26Days The analyst used the applicant's discharge order and enlistment contract to determine the period under review and total service. 
Total Service:  05  Yrs, 05 Mos, 21 Days ?????
Previous Discharges: USAR-991112-000314/NA
                                      ADT-000314-000929/HD
                                      USAR-000930-020501/NA
                                      USARCG-020502-050502
                                        (Concurrent Service)
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 91M10 Hospital Food Service Spec   GT: NIF   EDU: HS Grad   Overseas: NIF   Combat: NIF
Decorations/Awards: ASR
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 10 May 2005, DA, HQ, 88th Regional Readiness Command, Fort Snelling, MN, Orders 05-130-00023, discharged the applicant from the United States Army Reserve, effective date:  10 May 2005, with an under Other Than honorable conditions discharge. 
      
      The analyst noted that on 12 October 2004, the unit commander notified the applicant of initiation of separation action under the provisions of  AR 135-178, Chapter 9, by reason of unsatisfactory performance, with a general, under honorable conditions discharge.  However, after further examination of the available record the analyst determined the discharge action should have been initiated under AR 135-178, Chapter 13, unsatisfactory participation.

      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 13, paragraph 13-1 of the regulation, ineffect at the time, governed separation of unsatisfactory participation in the ready reserve.  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 applicant’s available military records for the period of enlistment under review, the issue and documents he 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 his discharge from the United States Army Reserve.  However, on 10 May 2005, DA, HQ, DA, HQ, 88th Regional Readiness Command, Fort Snelling, MN, Orders 05-130-00023, discharged the applicant from the United States Army Reserve, effective date:  10 May 2005, with an under Other Than honorable conditions discharge.  This document identifies the characterization of the discharge and the analyst presumed Government regularity in the discharge process.  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.  The analyst noted the applicant’s contentions; however, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  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 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: 7 November 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 2    No change 3   - 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: 26 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014132

Applicant Name:  Mr.        
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