Applicant Name:
Application Receipt Date: 2008/05/19 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, "Due to unsatisfactory attendence, I was released from my reserve unit. I had family emegencies with my legal guardian and my great grandmother. I was out of the state of Hawaii for a few months at a time to care for the ones that neede the care. In May 2007 my legal guardian and grandmother passed away. I feel That My discharge was too severe. I think taking away the rank would have been enough, but that discharge has kept me from my goal. My Goal is to regain my military status, but am bieng denied due to the OTHER THAN HONORABLE discharge. I made a mistake in not following through with my chain of command. I learned from that mistake and wish to make it up in the way I serve this country proudly and faithfully. At the time I was discharged I was not in the same state, and didn't know that the discharge was going on. I didn't follow through with my chain of command, because I believed that my NCO was relaying information. I made a mistake, and i'm sorry for not being a better soldier. I want nothing more than to go back Active Duty, and serve my country. I find no more honor than that. And i'm willing to do whatever it is the review board wishes of me and will do whatever I can to serve this wonderfull country again."
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: 070430 Chapter: NIF AR: 135-178
Reason: NIF RE: SPD: NIF Unit/Location: HQ, 9th RRC, Honolulu, HI
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: NIF
Current ENL Date: NIF Current ENL Term: NIF Years ?????
Current ENL Service: NIF Yrs, ??Mos, ??Days ?????
Total Service: NIF Yrs, ?????Mos, ??Days ?????
Previous Discharges: USAR 991101-000102/NA
RA 000103-040102/HD
USARCG-040103-NIF/NA
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: NIF GT: 108 EDU: HS Grad Overseas: HI Combat: None
Decorations/Awards: NDSM, ASR, GCMDL
V. Post-Discharge Activity
City, State: Kapolei, HI
Post Service Accomplishments: None provided
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 Army. The record indicates that on 1 May 2007, Department of Army, Headquarters, 9th Regional Readiness Command, Honolulu, HI, Orders 07-121-00034, discharged the applicant from the United States Army Reserve, effective 30 April 2007, with an under other than honorable conditions discharge.
b. Legal Basis for Separation:
National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures covering enlisted personnel of the Army National Guard. Chapter 7 of NGR 600-200 covers, in pertinent part, discharge and separation of enlisted personnel for misconduct due to unsatisfactory participation. Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1 year period. An enlisted member separated for misconduct which includes unsatisfactory participation will normally be furnished a characterization of service of under other than honorable conditions in accordance with Army Regulation 135-178.
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 he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The facts and circumstances pertaining to the applicants discharge are not contained in the available records. On 1 May 2007, Department of Army, Headquarters, 9th Regional Readiness Command, Honolulu, HI, Orders 07-121-00034, discharged the applicant from the United States Army Reserve, effective 30 April 2007, 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. 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. 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.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: March 13, 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: No Change
Other: No Change
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080008344
______________________________________________________________________________
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