Applicant Name: ?????
Application Receipt Date: 080410 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 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: 070111 Chapter: AR: 135-178
Reason: NIF RE: SPD: NA Unit/Location: 678th AG BN, Det2, Louiville, KY
Time Lost: NIF
Article 15s (Charges/Dates/Punishment): NIF
Courts-Martial (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 35
Current ENL Date: 991206 Current ENL Term: 8 Years ?????
Current ENL Service: 06 Yrs, 01Mos, 06Days ?????
Total Service: 06 Yrs, 01Mos, 06Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: NIF GT: NIF EDU: HS Grad Overseas: NIF Combat: NIF
Decorations/Awards: NIF
V. Post-Discharge Activity
City, State: Louisville, KY
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The specific facts and circumstances leading to the applicants discharge from the Army are not contained in the available records. On 11 Janurary 2007, the Department of the Army, HQs, 81st Regional Readiness Command, Birmingham, Alabama, Orders 07-011-0094, discharged the applicant form the Army Reserve, effective date: 11 Janurary 2007, with a under other than honorable conditions.
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 by reason of unsatisfactory performance. The service of a member separated under this provision of Army Regulation 135-178 will be characterized as honorable or under honorable conditions or under other than honorable conditions as warranted by his or her military record.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available records for the period of enlistment under review, and the issue 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 Army Reserve. However, on 11 Janurary 2007, the Department of the Army, HQs, 81st Regional Readiness Command, Birmingham, Alabama, Orders07-011-0094, discharged the applicant form the Army Reserve, effective date: 11 Janurary 2007, with a under other than honorable conditions. Furthermore, the analyst determined that the applicants Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army. If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Boards consideration. Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 6 February 2009 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
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 0 No change 5
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: ?????
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080005494
______________________________________________________________________________
Page 1 of 2 pages
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