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ARMY | DRB | CY2007 | AR20070013583
Original file (AR20070013583.txt) Auto-classification: Denied
Applicant Name: ?????

Application Receipt Date: 07/10/04	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and 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: 050825   
Chapter: NIF    AR: 135-178
Reason: NIF
RE:     SPD: NIF
Unit/Location: 421st QM Co, Fort Valley, GA 

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
Year/Month:  9112  
HOR City, State: Alamo, GA
Current ENL Date: NIF    Current ENL Term: NIF Years  ?????
Current ENL Service: NIF Yrs, NIFMos, NIFDays ?????
Total Service:  01 Yrs, 03Mos, 10Days ?????
Previous Discharges: RA-010101-020412/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 88M Motor Transportation Ops   GT: 89   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AGCM, ASR

V.  Post-Discharge Activity
Post Service Accomplishments: Not Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the Army.  The record indicates that on 24 August 2005, Department of  the Army Headquarters, 81st Regional Readiness Command, Birmingham, AL, Orders 05-236-00082, discharged the applicant from the United States Army Reserve, effective 24 August 2005, with a General, under honorable conditions discharge.  The record indicates that the applicant was discharged under the provisions of AR/135-178.  The specific reason of her discharge is not contained in the available record.   

      b.  Legal Basis for Separation:  
      National Guard Regulation (NGR) 600-200 and Army Regulation 135-91 govern procedures covering enlisted personnel management of the Army National Guard.  Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army Reserve National Guard.  Paragraph 8-27(g) of that regulation provides in pertinent part that individuals can be separated for being an unsatisfactory participant.  Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1 year period.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.  

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s available records for the period of enlistment under review, and the issue she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The facts and circumstances pertaining to the applicant’s discharge are not contained in the available records.  On 24 August 2005, the United States Army Reserve, Birmingham, Alabama, discharged the applicant from the Army Reserve, effective 24 August 2005, with a general, under honorable conditions discharge.  The record contains an Order Report of Separation.  It indicates that the applicant was discharged by reason of unsatisfactory participant, with a characterization of service of general, under honorable conditions.  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 remains both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 13 August 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: 	       	Proper	 	Improper	
						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 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.  

								        
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: ?????

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 21 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070013583
______________________________________________________________________


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