Applicant Name:  ?????

Application Receipt Date: 2008/05/14	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: 	NIFDate: NIF
Discharge Received: 			   Date: 030122   Chapter: NIF     AR: 135-178
Reason: NIF	   RE:  NIF  SPD: NA   Unit/Location: 417th QM Co, Scottsburg, IN 

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 020712    Current ENL Term: 8 Years  ?????
Current ENL Service: 	00 Yrs, 06Mos, 11Days ?????
Total Service:  		00 Yrs, 06Mos, 11Days the analyst utilized applicant's enlistment contract and the separation order for computation of period of enlistment under review and total service.
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: NIF   GT: NIF   EDU: 11 Years   Overseas: NIF   Combat: NIF
Decorations/Awards: NIF

V.  Post-Discharge Activity
City, State:  Louisville, KY
Post Service Accomplishments: The applicant stated that since December 2003, he has been employed by Humana Inc. for 4 years and 4 months, started his own business, owns and manages rental properties and further stated that he attends church faithfully. 

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 22 January 2003, DA, HQ, 88th Regional Support Command, Fort Snelling, MN, Orders 03-022-00023, discharged the applicant from the United States Army Reserve, effective date:  22 January 2003, with an uncharacterized discharge.  

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve when it is determined that a service member is unqualified for further military service by reason of unsatisfactory participation.  The service of a member separated under this provision of Army Regulation 135-178 will be characterized as honorable or under honorable conditions as warranted by his or her military record. The service of a member who is separated while in an entry level status will be described as uncharacterized.  

       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 he 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 a discharge from the United States Army Reserve.  However, on 22 January 2003, DA, HQ, 88th Regional Support Command, Fort Snelling, MN, Orders 03-022-00023, discharged the applicant from the United States Army Reserve, effective date:  22 January 2003, with an uncharacterized discharge.  This document identifies the characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The analyst acknowledges that at the time of discharge the applicant had completed a total of 6 months and 11 days of active military service.  However, barring evidence to the contrary, the analyst presumed government regularity in the discharge process and determined that the applicant’s separation was initiated while he was still in entry-level status.   Further, for USAR Soldiers, entry-level status begins upon enlistment in the USAR.  For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training.  For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT).  Soldiers completing Phase I (BCT) remain in entry-level status until 90 days after beginning Phase II.  A general discharge is not authorized under ELS conditions.  This type of discharge simply means that the Soldier was in an entry-level status, i.e., in an initial probationary period of service.  This is not an adverse separation action and denotes only that the individual had less than l80 days on active duty.  Furthermore, the analyst noted the applicant's issue and found that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.  Finally, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain the specific documents that would indicate the reason for his 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 former Soldier 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: 27 February 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 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080007913
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