Applicant Name: ?????
Application Receipt Date: 2008/01/23 Prior Review: Prior Review Date: NA
I. Applicant 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?
Tender Offer: ?????
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: NIF
Discharge Received: Date: 040520 Chapter: NIF AR: 135-178
Reason: NIF RE: SPD: NIF Unit/Location: A Co, 13 PSYOP Bn, Arden Hills, MN
Time Lost: NIF
Article 15s (Charges/Dates/Punishment): NIF
Courts-Martial (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 22
Current ENL Date: 010503 Current ENL Term: 08 Years ?????
Current ENL Service: 03 Yrs, 00 Mos, 17 Days ?????
Total Service: 03 Yrs, 00 Mos, 17 Days ?????
Previous Discharges: None
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 96B/Intelligence Analyst GT: NIF EDU: College Overseas: NIF Combat: NIF
Decorations/Awards: NIF
V. Post-Discharge Activity
City, State: Woodbury, MN
Post Service Accomplishments: None provided
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 United States Army Reserve. The record indicates that on 26 May 2004, Department of the Army, Headquarters, Civil Affairs and Psychological Operations Command (A), Fort Bragg, NC 28310, Orders 04-147-00011, discharged the applicant from the United States Army Reserve, effective 20 May 2004 (VOCG), with an under other than honorable conditions discharge.
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. The service of a member separated under Army Regulation 135-178 will be characterized as honorable, under honorable conditions or under other than honorable conditions as warranted by his military record.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records, and the issue he submitted, the analyst determined that the applicants available record of service during the period under review is void of the specific facts and circumstances concerning the events that led to his 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 he 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: 14 November 2008 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: None
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 1 No change 4
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: No Change
Other: No Change
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080001426
______________________________________________________________________________
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