Applicant Name:  ?????

Application Receipt Date: 2008/07/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 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: 	   Date: Not In File (NIF)
Discharge Received: 			   Date: 000420   Chapter: NIF    AR: 135-178
Reason: NIF	   RE:     SPD: NA   Unit/Location: HSC, 926th EN Bn, Birmingham, AL 

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:  45
Current ENL Date: 980111    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 03Mos, 10Days ?????
Total Service:  		22 Yrs, 10Mos, 27Days ?????
Previous Discharges: 	RA 710728-720927/HD
                                       RA 720918-790510/HD
                                       USAR 801029-830709/HD
                                       USAR 830710-860920/HD
                                       USAR 860921-890715/HD
                                       USAR 890716-920517/HD
                                       USAR 920518-950318/HD
                                       USAR 950319-980110/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 31V10/TAC COMS SYS OP   GT: 113   EDU: HS Grad   Overseas: Korea, Germany   Combat: None
Decorations/Awards: AAM, NDSM, ASR, AFRM, ARCAM-2, AFEM

V.  Post-Discharge Activity
City, State:  Birmingham, AL
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army Reserve.  The record indicates that on 20 April 2000, DA HQS, 81st Regional Readiness Command, Birmingham, AL, Orders number 00-111-0002, discharged the applicant from the Army Reserve, effective 20 April 2000, with a general under honorable conditions discharge.  The record contains a properly constituted Order as described above, however, it does not specify the reason for which the applicant was being discharged.

       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.  Soldiers can also be separated for being unsatisfactory participants.   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 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 applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the U.S. Army Reserve and the analyst presumed government regularity in the discharge process.  However, the applicant’s record contains a properly constituted Order which indicates that the applicant was discharged UP AR 135-178 with a general under honorable conditions discharge.  The record does contain a 20-year letter as described by the applicant.  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 from the USAR, for the Board’s consideration.  Therefore, the analyst recommends that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 10 April 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 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 AR20080010966
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