Applicant Name: ?????

Application Receipt Date: 080326	

Prior Review    Prior Review Date: Records Review/080227

I.  Applicant Request
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?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: NIF
Discharge Received:     Date: NIF   
Chapter: 13    AR: 135-178
Reason: Unsatisfactory Participation in the Ready Reserve
RE:     SPD: NA
Unit/Location: 339th MC Co HUB, Oakdale, PA 

Time Lost: None

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

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  1974/09  
HOR City, State: Pittsburg, PA
Current ENL Date: 981211    Current ENL Term: 08 Years  ?????
Current ENL Service: 01 Yrs, 08Mos, 05Days ?????
Total Service:  07 Yrs, 11Mos, 18Days ?????
Previous Discharges: USMC-920827-960826/HD
                                      USMCR-960827-981210/NA
                                      (Concurrent Service)
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 44C10/Financial Management Tech   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AGCM, NDSM-2, AFEM, GWOTEM, GWOTSM, AFRM w "M" Device, ASR, OSR, NSSDR-2, MUC 

V.  Post-Discharge Activity
Post Service Accomplishments: Records show that the applicant served in Southwest Asia in support of Operation Iraqi Freedom (050115-060112) and attained the rank of SGT.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The applicant’s record is void of the complete facts and circumstances concerning the events that led to his release from his current assignment in the United States Army Reserve and reassigned to the United States Army Reserve Control Group (Reinforcement), St. Louis, MO.  On 20 August 2001, DA, HQ, 99th Regional Support Group Command, Oakdale, Pa, Orders 01-232-020, assigned the applicant to the United States Army Reserve Control Group (Reinforcement), by reason of unsatisfactory participant, effective date: 15 August 2000. 

      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 records for the period of enlistment under review, and the issue he submitted, the analyst found several mitigating factors that would merit a change to the applicant's narrative reason for reassignment to the United States Army Reserve Control Group (Reinforcement), from his prior unit of assignment, 339th MC Co HUB, Oakdale, PA, by reason of unsatisfactory participant.  The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the narrative reason for reassignment is too harsh, and as a result it is now inequitable.  The analyst found that the overall length and quality of the applicant's service; to include his post service accomplishments (combat service in Kuwait/Iraq), and the circumstances surrounding his reassignment to the United States Army Reserve Control Group (Reinforcement), mitigated the discrediting entry in his service record.  Accordingly, the analyst recommends to the Board that the applicant’s narrative reason for reassignment to the United States Army Reserve Control Group (Reinforcement), be changed to Secretarial Authority. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 21 July 2008              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: The applicant submitted one page of additional documents in support of his personal appearance hearing.




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      Change 0    No change 0   - Character
		 			      Change 5    No change 0   - Reason
					      (Board member names available upon request)

IX.  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 narrative reason for reassignment is too harsh, and as a result it is now inequitable.  Accordingly, the Board voted to grant relief in the form of an change of the narrative reason for reassignment to Secretarial Authority.






















								        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: Secretarial Authority under provisions of Chapter 14, AR 135-178.

Other: TO: ARBA Support Division-St Louis                                      Date: 21 July 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 change:

           ( X  )	Change narrative reason for reassignment to Secretarial Authority under provisions of Chapter 14, AR 135-178.

RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 25 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080004614
______________________________________________________________________


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