Applicant Name:  ?????

Application Receipt Date: 080124	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 and attached documents 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: 060929   Chapter: 13      AR: 135-178
Reason: Unsatisfactory Participation in The Ready Reserve	   RE:     SPD: NA   Unit/Location: HHD, 490th Chem Bn, Anniston, AL 

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: Transferred/USAR/040829    Current ENL Term: 8 Years  ?????
Current ENL Service: 	01 Yrs, 06Mos, 19Days ?????
Total Service:  		03 Yrs, 06Mos, 03Days ?????
Previous Discharges: 	USAR-010226-030209/NA
                                       IADT-030210-040828/HD  
                                         (Concurrent Service)
                                                                     
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 74D20 Chemical Operations Spec   GT: NIF   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (030428-040717)
Decorations/Awards: JSCM, ARCOM, AAM, NDSM, GWOTEM, GWOTSM, AFRM-W/"M" DEV, ASR

V.  Post-Discharge Activity
City, State:  Eastaboga, AL
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve.  However, the evidence of record shows that on 29 September 2006, DA, HQ, 81st Regional Readiness Command, Birmingham, Alabama, Orders 06-272-00052, discharged the applicant from the United States Army Reserve, effective date:  29 September 2006, 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 applicant’s available military records for the period of enlistment under review,  the issues 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 United States Army Reserve.  However, on 29 September 2006 DA, HQ, 81st Regional Readiness Command, Birmingham, Alabama, Orders 06-272-00052, discharged the applicant from the United States Army Reserve, effective date:  29 September 2006, 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 applicant’s issues; however, did not find said issues sufficiently mitigating to warrant an upgrade of the discharge under review.  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: 19 November 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 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 characterization of service is too harsh, and as a result it is inequitable.  The Board determined that the overall length and quality of the applicant’s service, to include his combat service, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  This action entails a restoration of grade to SGT/E-5. 











 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: TO:  ARBA Support Division-St Louis      Date:  19 November 2008                        

     The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new discharge order to the applicant which reflects the following directed changes:

           ( X  )	Change characterization of discharge to General, Under Honorable Conditions.
           ( X  )	Restoration of grade to SGT/E-5										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: SGT/E-5
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080002270
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