Applicant Name: ?????
Application Receipt Date: 2008/01/28 Prior Review: Prior Review Date: NA
I. Applicant 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?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: NIF
Discharge Received: Date: 040809 Chapter: 13 AR: 135-178
Reason: Unsatisfactory Participation in the Ready Reserve RE: SPD: NA Unit/Location: HQ, 5th Bde, 78th Div, Fort Meade, MD
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: 18
Current ENL Date: 010118 Current ENL Term: 8 Years ?????
Current ENL Service: 03 Yrs, 07Mos, 22Days ?????
Total Service: 03 Yrs, 07Mos, 22Days The analyst utilized the enlistment contract and separation order for computation of Total Service.
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: NIF GT: NIF EDU: 11 Years Overseas: None Combat: None
Decorations/Awards: NIF
V. Post-Discharge Activity
City, State: Baltimore, MD
Post Service Accomplishments: The applicant stated on her DD Form 293 that she is currently enrolled in school studying criminal justice and is projected to graduate in April.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The applicants record is void of the specific facts and circumstances concerning the events that led to a discharge from the United States Army Reserve. However, the evidence of record shows that on 9 August 2004, DA, HQ, 78th Division (TS), Edison, NJ, Orders 04-222-00001, discharged the applicant from the United States Army Reserve, effective date: 9 August 2004, with an under other than honorable conditions discharge. The applicant was to be reduced to the lowest enlisted rank.
b. Legal Basis for Separation:
Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard. Chapter 13, paragraph 13-1 of the regulation, ineffect at the time, governed separation of unsatisfactory participation in the ready reserve. When discharged under this provision, Army policy states that the characterization of service will normally be under other than honorable conditions. The regulation also permitted the characterization of service as general, under honorable conditions.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available military records for the period of enlistment under review, the issues and documents she 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 a discharge from the United States Army Reserve. However, on 9 August 2004, DA, HQ, 78th Division (TS), Edison, NJ, Orders 04-222-00001, discharged the applicant from the United States Army Reserve, effective date: 9 August 2004, with an under other than honorable conditions discharge. 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. Furthermore, the analyst noted the applicants issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Additionally, the analyst determined that the applicants Official Military Personnel File (OMPF) does not contain the specific documents that would indicate the reason for her separation from the United States Army Reserve. If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action for the Boards consideration. In view of the foregoing, the analyst determined that 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: 3 December 2008 Location: Washington, DC
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
Colonel, U.S. Army
President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080001879
______________________________________________________________________________
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