Applicant Name: ?????
Application Receipt Date: 080710 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: NIF
Discharge Received: Date: 050505 Chapter: NIF AR: 135-178
Reason: NIF RE: SPD: NIF Unit/Location: HQ, 88th Regional Readiness Command, Ft. Snelling, MN
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: 17
Current ENL Date: 020724 Current ENL Term: 08 Years USAR
Current ENL Service: 02 Yrs, 09 Mos, 11 Days ?????
Total Service: 02 Yrs, 09 Mos, 11 Days ?????
Previous Discharges: ADT 030612-031126/HD Concurrent service
Highest Grade: E3 Performance Ratings Available: Yes No
MOS: 63W Wheel Veh Rpr GT: NIF EDU: NIF Overseas: NIF Combat: NIF
Decorations/Awards: ASR
V. Post-Discharge Activity
City, State: South Saint Paul, MN
Post Service Accomplishments: See attached DD Form 293 and supporting documents submitted by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence shows the Aplicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve. The record indicates that on 5 May 2005, Department of the Army, Headquarters, 88th Regional Readiness Command, Fort Snelling, Minnesota, Orders 05-125-00139, discharged the Applicant from the United States Army Reserve, effective 5 May 2005, with an under other than honorable conditions discharge. In the DD Form 293 submitted by the Applicant, he makes reference to being discharged for "missing too many drills".
b. Legal Basis for Separation:
Army Regulation 135-178 provides for the separation of members of the Army National Guard and Army Reserve when it is determined that a service member is unqualified for further military service by reason of 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 the Applicants available military records, and the issue submitted with the application as to the propriety of the discharge, the analyst determined that the Applicants available record of service during the period under review as a U.S. Army Reserve Soldier is void of the specific facts and circumstances concerning the events that led to his discharge from the Army Reserve. However, the Applicants record does contain a properly constituted Order which was authenticated by the appropriate military authority. 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. The Applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the Applicants service mitigated the type of discharge he received from the U.S. Army Reserve. Therefore, the analyst determined 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: 24 April 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: No Change
RE Code:
Grade Restoration: No Yes Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080011717
______________________________________________________________________________
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