Applicant Name:
Application Receipt Date: 070720
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents submitted by the applicant.
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: NIF
Chapter: 13 AR: 135-178
Reason: Unsatisfactory Participation
RE: SPD: NIF
Unit/Location: C Co, 989th Eng Bn (CBT)(HVY) WS5PCO, Monclova, OH
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 1979/10
HOR City, State: Toledo, OH
Current ENL Date: 990426 Current ENL Term: 08 Years ?????
Current ENL Service: 02 Yrs, 10Mos, 02Days ?????
Total Service: 02 Yrs, 10Mos, 02Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes No
MOS: 51B10/Carpentry and Masonry Specialist GT: NIF EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The specific facts and circumstances leading to the applicants reassigment in the United States Army Reserve are not contained in the available records. However, the evidence of record shows that on 12 February 2002, Orders 02-043-015, DA, HQ, 88th Regional Support Command, Fort Snelling, Minnesota, reassigned the applicant in the United States Army Reserve, effective date: 27 February 2002, to the USAR Control Group AT (WONJAA), 1 Reserve Way, St Louis, Mo, by reason of 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. 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 under honorable conditions, but did not authorize the characterization of service as honorable.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available military records during the period of enlistment under review and the issue she submitted, the analyst recommends that relief be denied in this case. The applicants record is void of the specific facts and circumstances concerning the events that led to her reassigment in the United States Army Reserve. However, the record contains an order dated 12 February 2002, that reassigned the applicant in the United States Army Reserve, effective date: 27 February 2002, to the USAR Control Group AT (WONJAA), 1 Reserve Way, St Louis, Mo, for unsatifactory participation and the analyst presumed Government Regularity in the applicant's reassignment process. Futhermore, the analyst noted the applicant's issue and the supporting documentation, however, the analyst did not found the said documentation sufficiently mitigating to warrant a change to the applicant's narrative reason for reassignment to the USAR Control Group AT. Additionally, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. In view of the foregoing, the analyst determined that the narrative reason for reassignment of the applicant was both proper and equitable and recommends that the Board deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 25 July 2008
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 0 - Character
Change 2 No change 3 - 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 and considering the analysts recommendation and rationale, the Board determined that the narrative reason for reassignment was both proper and equitable, and voted to deny relief.
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
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: 31 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070010230
______________________________________________________________________
Page 5 of 5 pages
ARMY | DRB | CY2008 | AR20080014629
Applicant Name: ????? Current ENL Service: 03 Yrs, 05Mos, 08Days ????? Further, the analyst determined that the applicants Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.
ARMY | DRB | CY2007 | AR20070013362
Applicant Name: ????? The regulation provided that the separation authority could disapprove the commanders recommendation for discharge for misconduct and direct disposition by other means, disapprove the recommendation for separation for misconduct and direct separation for unsatisfactory performance, or convene a board of officers to determine whether the service member should be separated for misconduct. The regulation also permitted the characterization of service as under honorable...
ARMY | DRB | CY2008 | AR20080003341
Applicant Name: ????? Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 080114 Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participation in the Ready Reserve RE: SPD: NA Unit/Location: A Co, 328th MC HSP, Sacramento, CA Time Lost: NIF Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Legal Basis for Separation: Army Regulation 135-178 (Separation of Enlisted...
ARMY | DRB | CY2008 | AR20080013837
Application Receipt Date: 2008/08/13 Prior Review: Prior Review Date: NA I. The analyst determined that no such unusual circumstances were present in the applicants record and his service did not warrant an honorable discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2008 | AR20080003403
Applicant Name: ????? The service of a Soldier who is separated under this chapter will be uncharacterized. Furthermore, the analyst determined that the applicants Official Military Personnel File (OMPF) does not contain the specific documents that would indicate the reason for his separation from the United States Army Reserve.
ARMY | DRB | CY2007 | AR20070013971
The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a other than honorable conditions discharge. On 09 April 2002, the separation authority approved the discharge and waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of other than honorable conditions. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President,...
ARMY | DRB | CY2009 | AR20090004139
Application Receipt Date: 2009/02/25 Prior Review: Prior Review Date: NA I. Facts and Circumstances: The evidence of record shows that on 13 June 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 12, paragraph 1, AR 135-178, by reason of misconductfor testing positive for THC during the unit's random urinalysis testing on (080411), with a general, under honorable conditions discharge. Board Discussion, Determination, and...
ARMY | DRB | CY2006 | AR20060013482
Because the applicant was recommended for an under other than honorable conditions discharge; the applicant was entitled to have her case heard by an administrative separation board. The service of a Soldier discharged for reasons indicated in paragraph 12-1, will normally be characterized as under other than honorable conditions. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and...
ARMY | DRB | CY2006 | AR20060009753
Facts, Circumstances, and Legal Basis for Separation a. Therefore, the reason for discharge and the characterization of service were both proper and equitable. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI.
ARMY | DRB | CY2007 | AR20070013573
Applicant Name: ????? Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 submitted by the applicant. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.