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: NIF Date: NIF
Discharge Received: Date: 030305 Chapter: NIF AR: 135-178
Reason: NIF RE: SPD: NIF Unit/Location: C Btry, 2-354th FA Bn, Grand Prairie, TX
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: 19
Current ENL Date: 980629 Current ENL Term: 8 Years with an approved waiver (980629)
Current ENL Service: 04 Yrs, 08Mos, 07Days ?????
Total Service: 04 Yrs, 08Mos, 07Days the analyst utilized applicant's enlistment contract and the separation order for computation of period of enlistment under review and the total service.
Previous Discharges: RA-981105-990426/UNC
(Concurrent Service)
Highest Grade: E-5 Performance Ratings Available: Yes No
MOS: 13B10 Cannon Crewmember/91B10 Combat Medical Spec GT: 124 EDU: HS Grad Overseas: NIF Combat: NIF
Decorations/Awards: AAM, NCOPDR, ASR
V. Post-Discharge Activity
City, State: Teton Village, WY
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 5 March 2003, DA, HQ, 95th Division (Institutional Training), Oklahoma City, OK, Orders 03-064-00009, discharged the applicant from the United States Army Reserve, effective date: 5 March 2003, with an under other than honorable conditions discharge.
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 12 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general, under honorable conditions or an honorable discharge may be granted.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available military records during the period of enlistment under review and the issues he 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 a discharge from the United States Army Reserve. However, on 5 March 2003, DA, HQ, 95th Division (Institutional Training), Oklahoma City, OK, Orders 03-064-00009, discharged the applicant from the United States Army Reserve, effective date: 5 March 2003, 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 the 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 issue and found no evidence of arbitrary or capricious actions by the command. Finally, 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. 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: 4 March 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 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 2 No change 3
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 AR20080007915
______________________________________________________________________________
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