Applicant Name:  ?????

Application Receipt Date: 2008/04/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "I was joining a duty stations with the understanding I would be with a unit where I could fullfill my commitment with the Army reserves by performing the job I had been trained for.  Before doing so I had spoken with the FSG of the unit explaining before I switched I wanted reasurance I would been in a unit that  allowed it's soldiers to work and not be stumps on logs hanging around and visiting, this unit turned out to be just that what I would call a family reunion, also at the time my father was diagnosed with cancer and became very ill, wanting to spend what time I had  left with him and in a unit that quit honestly was doing nothing I chose to spend those short 8 months with my father.  In the time since I have left the reserves I have realized I was young and dumb and leaving the reserves was not my best decision and would like to reenlist and fullfill my comittment for my country and myself."

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: 040617   Chapter: NIF      AR: 135-178
Reason: NIF	   RE:     SPD: NIF   Unit/Location: 375th QM Co, Supply Dir Spt, Belton, MO 

Time Lost: None

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:  22
Current ENL Date: 030225    Current ENL Term: NIF Years  ?????
Current ENL Service: 	01 Yrs, 03Mos, 23Days ?????
Total Service:  		07 Yrs, 00Mos, 05Days ?????
Previous Discharges: 	USAR-970613-970728/NA
                                       ADT-970729-971002/UNC
                                       USAR-971003-020214/NA
                                       USARCG-020215-030224/NA
                                       (Concurrent Service)
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 81L10/Printing and Bindery Specialist   GT: 93   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards:  ASR, ARCAM 

V.  Post-Discharge Activity
City, State:  Excelsior Springs, MO
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 a discharge from the United States Army Reserve.  However, the evidence of record shows that on 17 May 2004, DA, HQ, 89th Regional Readiness Command, Wichita, KS, Orders 04-138-00047, discharged the applicant from the United States Army Reserve, effective date:  17 June 2004, 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 applicant’s 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 applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the United States Army Reserve.  However, on 17 May 2004, DA, HQ, 89th Regional Readiness Command, Wichita, KS, Orders 04-138-00047, discharged the applicant from the United States Army Reserve, effective date:  17 June 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 applicant’s issues and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Additionally,  the analyst determined that the applicant’s 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 applicant to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action for the Board’s 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: 10 February 2009         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 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 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
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080005485
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