Applicant Name: ?????
Application Receipt Date: 071010
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: 060608
Chapter: NIF AR: 135-178
Reason: Not contained in the record (NIF)
RE: SPD: NIF
Unit/Location: 310th Psychological Operations Co, Forest Park, GA
Time Lost: NIF
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 7905
HOR City, State: Grayson, GA
Current ENL Date: 030402 Current ENL Term: 8 Years ?????
Current ENL Service: 03 Yrs, 02Mos, 06Days ?????
Total Service: 03 Yrs, 02Mos, 06Days ?????
Previous Discharges: None
Highest Grade: E-2
Performance Ratings Available: Yes No
MOS: NIF GT: NIF EDU: NIF Overseas: NIF Combat: NIF
Decorations/Awards: None in file
V. Post-Discharge Activity
Post Service Accomplishments: Applicant states that since his discharge he has continued to attend DeKalb Technical College.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence shows the applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. The record indicates that on 08 June 2006, Department of Army, Headquarters, United States Army Civil Affairs and Psychological Operations Command, Fort Bragg, North Carolina, NC, Orders 06-159-00167, discharged the applicant from the Army Reserve, effective 8 June 2006, with an under other than honorable conditions discharge. The record does not contain a DD Form 214 (Report of Separation and Record of Service).
b. Legal Basis for Separation:
Army Regulation 135-178 govern procedures for discharges for enlisted personnel of the United States Army Reserve. It covers, in pertinent part, discharge and separation of enlisted personnel for misconduct, unsatisfactory performance, or for other reasons. 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. An enlisted member separated for misconduct which includes unsatisfactory participation will normally be furnished a characterization of service of under other than honorable conditions in accordance with Army Regulation 135-178.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available records for the period of enlistment under review, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army Reserve. The applicants record does not contains a properly constituted DD Form 214 (Report of Separation and Record of Service), and the analyst presumed Government regularity in the discharge process. Therefore, the analyst recommends 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: 080822
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 1 No change 4 - Character
Change 0 No change 5 - 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 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: 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: 080825
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070013911
______________________________________________________________________
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