Applicant Name:
Application Receipt Date: 2007/11/08 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 submitted by the Applicant.
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: Not In File (NIF)
Discharge Received: Date: 061001 Chapter: NIF AR: 135-175
Reason: Not In File (NIF) RE: SPD: NIF Unit/Location: 209th CS Support Det, APO AE
Time Lost: None in file
Article 15s (Charges/Dates/Punishment): None in file
Courts-Martial (Charges/Dates/Punishment): None in file
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 33
Current period entry date: 990402 Current ENL Term: Indef Years ?????
Current Service: 07 Yrs, 06Mos, 00Days ?????
Total Service: 16 Yrs, 10Mos, 05Days ?????
Previous Discharges: USAR 891127-930820/HD
ARNG 930918-990401/HD
OAD 970718-980407/HD
OAD 030117-030819/HD
Highest Grade: O-4 Performance Ratings Available: Yes No
MOS: 88A/Transportation Corps GT: NA EDU: MS, Criminal Justice Overseas: Korea, Hungary Combat: None
Decorations/Awards: ARCOM-1, NDSM, OSR, ASR, HSR, AFEM, HSM, NM, AFRM
V. Post-Discharge Activity
City, State: Smiths Station, AL
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 record indicates that on 17 October 2006, Department of the Army, Headquarters, 7th Army Reserve Command, APO AE 09014, Orders 06-290-00003, discharged the applicant from the United States Army Reserve, effective 1 October 2006 (VOCG), with an under other than honorable conditions discharge. The additional instructions paragraph of the said order makes reference to a Memorandum from HRC dated 8 September 2006 signed by the Commanding General.
b. Legal Basis for Separation:
Army Regulation 135-175 sets forth the basic authority for the separation of officers from the U.S. Army Reserve (USAR), except for officers serving on active duty or active duty training exceeding 90 days. Chapters 2 and 3 of this regulation provide the basis for involuntary separations of USAR officers. Specific categories include substandard performance of duty, moral or professional dereliction, in the interest of national security, as a result of trial by court martial, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, homosexual conduct, convictions by civil authorities and desertion or absence without proper authority from unit training. 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 applicants military records, and the issue she submitted as to the propriety of her discharge, the analyst determined that the applicants available record of service during the period under review as a U.S. Army Reserve officer is void of the specific facts and circumstances concerning the events that led to her discharge from the Army Reserve. However, the applicants record does contain a properly constituted Order which was authenticated by the appropriate military authority. This document identifies the characterization of the discharge 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 applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicants service mitigated the type of discharge she received from the U.S. Army Reserve. Therefore, the analyst determined the reason for discharge and the characterization of service were 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 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.
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 AR20070016064
______________________________________________________________________________
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