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ARMY | DRB | CY2007 | AR20070004133aC071121
Original file (AR20070004133aC071121.doc) Auto-classification: Approved

Application Receipt Date: 070320

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and supporting 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: NIF
Discharge Received:     Date: 050708
Chapter: NIF    AR: 135-178
Reason: NIF
RE:     SPD: NIF
Unit/Location: 484th TC BN, HHD Motor Trans, Phoenix, AZ  85008-3412

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  560105
Current ENL Date: 990901    Current ENL Term: 06 Years       
Current ENL Service: 05 Yrs, 10Mos, 08Days      
Total Service:  16 Yrs, 00Mos, 04Days      
Previous Discharges: USAFR-760214-760330/NA
                                      USAF-760331-860409/HD

Highest Grade: E5
Performance Ratings Available: Yes    No
MOS: 88M10 (Motor Transport Operator)   GT: NIF   EDU: Coll Grad
Overseas: NIF   Combat: NIF
Decorations/Awards: Air Force Commendation Medal, Air Force Good Conduct
Medal, Air Force Longevity Service Award Ribbon, Air Force Overseas Service
Long Tour Ribbon, Air Force Training Ribbon, NDSM, ARRM(w/m Device)
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 8 July 2005, Orders
05-189-00008, DA, HQ, 63d Regional Readiness Command, Los Alemitos, CA,
discharged the applicant from the United States Army Reserve, effective
date: 8 July 2005, 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.

      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 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, the evidence of record shows that on 8 July 2005, Orders
05-189-0008, DA, HQ, 63d Regional Readiness Command, Los Alamitos, CA,
discharged the applicant from the United States Army Reserve, effective
date: 8 July 2005, 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
applicant 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.  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: 1 October 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: None

Witnesses/Observers: None

Exhibits Submitted: The applicant submitted 52 pages of additional
documents, in support of his testimony.



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 3    No change 2   - 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, hearing his testimony, and considering
the analyst’s recommendation and rationale, the Board determined that the
characterization of service was too harsh, and as result it is now
inequitable.  The Board found that the overall length and quality of the
applicant's service, the circumstances surrounding the discharge, and his
post service accomplishments mitigated the discrediting entries in his
service record.  Accordingly, the Board voted to grant relief in the form
of an upgrade of the characterization of service to fully honorable.
However, the Board determined that the reason for discharge was both proper
and equitable and voted not to change it.
















Case report reviewed and verified by: Eric S. Moore, Examiner

X.  Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: TO: ARBA Support Division-St Louis
Date: 1 October 2007

     The Army Discharge Review board, established under the provisions of
Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as
Title 10, United States Code, Section 1553, in the case of the applicant
named in Part 1 directs that the ARBA Support Division-St Louis issue a new
discharge order to the applicant which reflects the following directed
changes:

          (X)  Change characterization of discharge to fully Honorable.

RE Code:
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority:

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official:


CHRISTINE U. MARTINSON            DATE: 12 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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