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ARMY | DRB | CY2007 | AR20070002285aC071031

Application Receipt Date: 070215

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: 050930
Chapter: NIF    AR: 635-200
Reason: NIF
RE:     SPD: NIF
Unit/Location: Company D, 2nd Battalion, 39th Infantry, Fort Jackson, SC
29207-6430

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:  850722
Current ENL Date: 050908    Current ENL Term: NIF Years       
Current ENL Service: 00 Yrs, 00Mos,  23 Days      
Total Service:  00 Yrs, 01 Mos, 05 Days      
Previous Discharges: USAR-050825-050907/NA
                                         (Concurrent Service)
Highest Grade: E1
Performance Ratings Available: Yes    No
MOS: NIF   GT: NIF   EDU: HS Grad   Overseas: NIF   Combat: NIF
Decorations/Awards: NIF
V.  Post-Discharge Activity
Home of Record: Philadelphia, PA 19132
Current Address: PO BOX 37, Foothills Dr
Drums PA 18222
United States
Post Service Accomplishments: The applicant stated he is in the Keystone
Job Corps and goes home every other weekend to drill at his church in a
program called God's Army.

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 applicant’s record does contain a separation order
273-1300, DA, HQ, United States Army Training Center, Fort Jackson, SC ,
discharging him from the United States Army Reserve, under the provisions
of AR 635-200, with an effective date:  30 September 2005.  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.

      b.  Legal Basis for Separation:
      Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.

      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.  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 applicant’s
record does contain a separation order 273-1300, DA, HQ, United States Army
Training Center, Fort Jackson, SC , discharging him from the United States
Army Reserve, under the provisions of AR 635-200, with an effective date:
30 September 2005.  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.
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.  Furthermore, at
the time of discharge the applicant was appropriately assigned a reentry
eligibility (RE) code of “4.”  An RE code of “4” can not be waived and the
applicant is no longer eligible for reenlistment.  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: 19 September 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 available 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, 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: 24 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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