Applicant Name: ?????
Application Receipt Date: 080709 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See attached DD Form 293 and supporting 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: Date: 061129
Discharge Received: Date: 071228 Chapter: NIF AR: 135-178
Reason: NIF RE: SPD: NIF Unit/Location: 5501st USA Hospital, Ft Sam Houston, TX
Time Lost: NIF
Article 15s (Charges/Dates/Punishment): 060207, AWOL 2 days (060130-060131); forfeiture of $495.00, restriction and extra duty for 5 days (CG).
Courts-Martial (Charges/Dates/Punishment): None
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, NIFMos, NIFDays ?????
Total Service: 03 Yrs, 04 Mos, 01 Days ?????
Previous Discharges: RA - 020130-050531/HD
RA - 971106-990727/UOTH (AWOL 188 days)
Highest Grade: E5 Performance Ratings Available: Yes No
MOS: 13S Field Arty Surveyor GT: 124 EDU: HS Grad Overseas: SWA Combat: Iraq (040314-050313)
Decorations/Awards: ARCOM, AAM, GWOTEM, GWOTSM, NDSM, ASR
V. Post-Discharge Activity
City, State: Lockhart, TX
Post Service Accomplishments: None listed by the Applicant.
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 21 December 2007, Department of the Army, Headquarters, Army Reserve Medical Command, Pinellas Park, Florida, Orders 07-355-00067, discharged the Applicant from the United States Army Reserve, effective 28 December 2007, with an under other than honorable conditions discharge, under the authority of AR135-178.
b. Legal Basis for Separation:
Army Regulation 135-78 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 the Applicants available records for the period of enlistment under review, and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the Applicant's discharge. On 21 December 2007, DA HQS, Army Reserve Medical Command, Pinellas Park, Florida, discharged the Applicant from the Army Reserve, effective 28 December 2007, with an under other than honorable conditions discharge. All the facts and circumstances pertaining to the Applicants discharge are not contained in the available records and the analyst presumed government regularity in the discharge process. 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. 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.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 1 May 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 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: No Change
RE Code:
Grade Restoration: No Yes Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080011029
______________________________________________________________________________
Page 1 of 2 pages
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