Applicant Name: ?????
Application Receipt Date: 071010
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 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: 070126
Chapter: NIF AR: 135-178
Reason: NIF
RE: SPD: NIF
Unit/Location: 321 LG BDE, HQ Det Baton Rauge, LA
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF, Applicant mentions ART 15 on her DDForm 293, applicant also reduced in rank from SPC to PV1 26 January 2007
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 8209
HOR City, State: Baton Rouge, LA
Current ENL Date: 000616 Current ENL Term: 8 Years ?????
Current ENL Service: 7 Yrs, 00Mos, 25Days ?????
Total Service: 7 Yrs, 7Mos, 7Days ?????
Previous Discharges: HD 000712-010131ADT
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 63J10 QM & Chem Equip Rep GT: NIF EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: ARCAM, ASR
V. Post-Discharge Activity
Post Service Accomplishments: None listed
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 her discharge from the United States Army Reserve. The evidence indicates that on 26 January 2007, HQ, 90th Regional Readiness Command, North Little Rock, AR, Orders 07-026-00023 discharged the applicant from the United States Army Reserve, effective date 26 January 2007, with an under other than other conditions discharge. It indicates that the applicant was discharged under the provisions of Army Regulations 135-178, Format 500.
b. Legal Basis for Separation:
Army Regulation 135-178 provides for the separation of members of the Army National Guard and Army Reserve when it is determined that a service member is unqualified for further military service by reason of unsatisfactory performance. The service of a member separated under this provision of Army Regulation 135-178 will be characterized as honorable or under honorable conditions as warranted by his or her military record. Furthermore National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures covering enlisted personnel of the Army National Guard. Chapter 7 of NGR 600-200 covers, in pertinent part, discharge and separation of enlisted personnel for misconduct due to unsatisfactory participation. 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 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 applicants discharge are not contained in the available records. On 26 January 2007, HQ, 90th Regional Readiness Command, North Little Rock, AR, Orders 07-026-00023 discharged the applicant from the United States Army Reserve, effective date 26 January 2007, with an under other than other conditions discharge. The record contains a properly constituted order indicating that the applicant was discharged under the provisions of Army Regulation 135-178.Furthermore, the analyst noted the applicant's issue, however, the correction that the applicant requests to be made to his DD Form 214, does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter. An application for that Board is enclosed. 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: 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 2 No change 3 - 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: 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: 080822
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070013926
______________________________________________________________________
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