Applicant Name: ?????
Application Receipt Date: 2008/04/15 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The Applicant states that he was discharged from the USAR due to a medical condition of severe sleep apnea and was not able to attend basic training. Time committed to honorable service of the Army, if only for training in his unit, should allow for an honorable discharge, so that he might be entitled to some minor benefits such as veteran job preference or VA loans, VA disability or other appropriate benefits.
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: Not In File (NIF)
Discharge Received: Date: 010904 Chapter: NIF AR: 135-178
Reason: NIF RE: SPD: NIF Unit/Location: 4206th USAH, Chattanooga, TN
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: 33
Current ENL Date: 000524 Current ENL Term: 8 Years ?????
Current ENL Service: 01 Yrs, 03Mos, 10Days ?????
Total Service: 01 Yrs, 03Mos, 10Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: None GT: NIF EDU: 4 YR COLL Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: Chattanooga, TN
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence shows the applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the U.S. Army Reserve. The record indicates that on 4 September 2001, Department of the Army, HQ, 81st Regional Support Command, Birmingham, AL, Orders 247-005L, discharged the applicant from the Army Reserve, effective 4 September 2001, with an uncharacterized separation of service. The record contains a properly constituted Order that indicates that the applicant was discharged under the provisions of AR 135-178 (M6).
b. Legal Basis for Separation:
Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel of the U.S. Army Reserve. Chapter 2, of this regulation, in pertinent part, states that a member may be separated while in an entry level status. This provision of the regulation applies to soldiers who can not meet the minimum standards for training, have demonstrated that they are not qualified for retention because they can not adapt socially or emotionally to military life or because they lack the aptitude, ability, motivation or self discipline for military service, or they have demonstrated characteristics not compatible with satisfactory continued military service.
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 submitted with the application, 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 the discharge from the Army Reserve. However, the applicants record does contain a properly constituted Order which identifies the uncharacterized discharge and the analyst presumed Government regularity in the discharge process. AR 135-178 stipulates that for ARNG and USAR Soldiers ordered to IADT/ADT, entry-level status terminates 180 days after the beginning of training. Furthermore, for Soldiers in entry-level status, an honorable discharge is not authorized. Furthermore, eligibility for veteran's benefits does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. In view of the aforementioned, the analyst determined that the reason for discharge and 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: 6 February 2009 Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080005804
______________________________________________________________________________
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