Applicant Name:  ?????

Application Receipt Date: 2008/05/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 149 which was submitted in lieu of DD Form 293 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: 080303   Chapter: NIF      AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: 108th Training Command (IET), Charlotte, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 030731    Current ENL Term: NIF Years  ?????
Current ENL Service: 	04 Yrs, 07Mos, 03Days ?????
Total Service:  		07 Yrs, 02Mos, 13Days ?????
Previous Discharges: 	USAR-001221-020428/NA
                                       USARCG-020429-030730/NA
                                       (Concurrent Service)
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: NIF   GT: NIF   EDU: NIF   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Fayetteville, NC
Post Service Accomplishments: None Listed

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 3 March 2008, Department of the Army, HQ, 108th Training Command (Initial Entry Training), Charlotte, NC, Orders 08-063-00026, discharged the applicant from the United States Army Reserve, effective date:  2 April 2008, with an under other than honorable conditions discharge.
       
       
       

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 govern procedures covering enlisted personnel management of the Army Reserve.  Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the USAR.  Paragraph 13-1 of that regulation provides in pertinent part that individuals can be separated for being an unsatisfactory participant.  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.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted. 

       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 and the issues 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 3 March 2008, Department of the Army, HQ, 108th Trainingt Command (Initial Entry Training), Charlotte, NC, Orders 08-063-00026, discharged the applicant from the United States Army Reserve, effective date:  2 April 2008, 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 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 applicant's issue; however, the Army Discharge Review Board is not empowered to restore former service member's grade or rank.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board is enclosed.  Additionally, 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 applicant 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: 20 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 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 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080009344
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