Applicant Name:  ?????

Application Receipt Date: 2008/04/04	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:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 070314
Discharge Received: 			   Date: 070628   Chapter: 13      AR: 135-178
Reason: Unsatisfactory Participation in the Ready Reserve 	   RE:     SPD: NA   Unit/Location: 448th Civil Affairs Bn, Fort Lewis, WA 

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 050731    Current ENL Term: 6 Years  ?????
Current ENL Service: 	01 Yrs, 10Mos, 28Days ?????
Total Service:  		09 Yrs, 00Mos, 19Days ?????
Previous Discharges: 	ARNG-950918-970531/UNC
                                       RA-980929-010928/HD
                                       USAR-010929-040815/NA
                                       ADT-040816-060201/HD
                                         (Concurrent Service)
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 38B20 Civil Affairs Spec   GT: NIF   EDU: NIF   Overseas: Germany/Kosovo (Prior Service)   Combat: Iraq (050103-051219)
Decorations/Awards: BSM, AAM-3, AGCM, NDSM, KCM-W/BSS (Prior Service), ICM, GWOTSM, AFRM-W/"M" DEV, ASR, NM (Kosovo), OSR-2, OSB-2, CIB 

V.  Post-Discharge Activity
City, State:  Seattle, WA
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 March 2007, the unit commander (LTC (P) CA, USAR) notified the applicant of initiation of separation action under the provisions of Chapter 13, paragraph 13-1a AR 135-138, by reason of unsatisfactory performance for non-participant mission muster orders, in that he failed to report on (061014), (061015), (061111), (061112), and (070114), with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant's election of rights are not contained in the available record and the analyst presumed Government regularity in the discharge process.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate and senior intermediate  commanders reviewed the proposed discharge action and recommended approval with an under other than honorable conditions discharge.  On 27 June 2007, DA, HQ, HQ, United States Army, Civil Affairs and Psychological Operations Command (A), Fort Bragg, NC, Orders 07-178-00066, discharged the applicant from the United States Army Reserve, effective date:  28 June 2007, 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 military records for the period of enlistment under review, the issues and documents he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge to general, under honorable conditions.  There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance.  While the analyst does not condone the applicant’s unsatisfactory performance, however, the evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable.  The analyst determined that the overall length and quality of the applicant's service; to include his combat service, mitigated the discrediting entries in the service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  This action entails a restoration of grade to SGT/E-5. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 30 January 2009         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.  Accordingly, the Board voted to grant 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
X.  Board Action Directed					         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: 30 January 2009                       

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 AR20080005130
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