Applicant Name:  ?????

Application Receipt Date: 2007/11/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states his discharge was inequitable becaused it was based on one isolated event in over 5 years of service with no other adverse actions.  He was discharged for legal proceedings taking place outside the duty place and not during duty time.  He received no counseling on his discharge proceedings, alternative options, or the effect the discharge would have on his future.  He was not given any paperwork on the discharge, therefore, have no effective date of the discharge.  He was just told not to show up anymore.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 050623   Chapter: NIF    AR: 135-178
Reason: NIF	   RE:     SPD: NIF   Unit/Location: 1013th QM Co, North Platte, NE 

Time Lost: None

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

Courts-Martial (Charges/Dates/Punishment): None in file

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  NIF
Current ENL Date: NIF    Current ENL Term: NIF Years  ?????
Current ENL Service: 	NIF Yrs, NIFMos, NIFDays ?????
Total Service:  		NIF Yrs, NIFMos, NIFDays ?????
Previous Discharges: 	None in file
Highest Grade: NIF		Performance Ratings Available: Yes    No 
MOS: 52C10/UTIL EQ RPR   GT: NIF   EDU: NIF   Overseas: NIF   Combat: NIF
Decorations/Awards: None in file

V.  Post-Discharge Activity
City, State:  Yelm, WA
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 applicant’s discharge from the USAR are not contained in the available records.  The evidence of record shows that on 23 June 2005, Orders 05-174-00024, DA, HQ, 89th Regional Readiness Command, Wichita, Kansas, discharged the applicant from the Army Reserve, effective date: 23 June 2005 with a under other than honorable conditions discharge.  The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records and the applicant has not provided any documents that would indicate the reason for his discharge.

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel of the U.S. Army Reserve.  Chapter 12 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general 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 military records for the period of enlistment under review, the issue and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army Reserve.  However, the record contains a properly constituted Order number 05-174-00024, dated 23 June 2005, DA HQS, 89th Regional Readiness Command, Wichita, KS that discharged the applicant from the USAR with an under other honorable conditions discharge, effective 23 June 2005.  This document does not identify the reason for the said characterization of the service and the analyst presumed Government regularity in the discharge process.  Barring 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.  The analyst noted the applicant’s contentions; however, even if the misconduct did not occur at the duty place and if it was as the applicant contends a single incident, the discrediting entry may have constituted a departure from the standards of conduct expected of soldiers in the Army, on and off duty.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  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: 26 September 2008         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 2    No change 3
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
Issue a new DD Form 214  					         Colonel, U.S. Army
Change Characterization to: 			         President, Army Discharge Review Board 
Change Reason to:  
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070015597
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