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. Soldiers 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 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 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 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 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 applicants 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 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 applicant 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: 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 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 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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