Applicant Name: ?????
Application Receipt Date: 2008/07/30 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed 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: NIF Date: NIF
Discharge Received: Date: 060916 Chapter: NIF AR: 135-178
Reason: NIF RE: SPD: NA Unit/Location: 90th Regional Readiness Command, North Little Rock, AR
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: 21
Current ENL Date: 000828 Current ENL Term: 8 Years ?????
Current ENL Service: 06 Yrs, 00Mos, 29Days ?????
Total Service: 06 Yrs, 00Mos, 29Days the analyst utilized the applicant's enlistment contract and separation orders for computing the period of enlistment under review and total service.
Previous Discharges: NIF
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: NIF GT: NIF EDU: HS Grad Overseas: NIF Combat: NIF
Decorations/Awards: NIF
V. Post-Discharge Activity
City, State: Baton Rouge, LA
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The applicants record is void of the specific facts and circumstances concerning the events that led to a discharge from the United States Army Reserve. On 19 September 2006, DA, HQ, 90th Regional Readiness Command, North Little Rock, AR, Orders 06-262-00008, discharged the applicant from the United States Army Reserve, effective date: 16 September 2006, with an under other than honorable conditions discharge. The applicant was to be reduced to the lowest enlisted rank.
b. Legal Basis for Separation:
Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard. Chapter 12, paragraph 12-1 of the regulation, ineffect at the time, governed separation of misconduct. When discharged under this provision, Army policy states that the characterization of service wil normally be under other than honorable conditions. The regulation also permitted the characterization of service as general, under honorable conditions.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available military records during 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. However, on 19 September 2006, DA, HQ, 90th Regional Readiness Command, North Little Rock, AR, Orders 06-262-00008, discharged the applicant from the United States Army Reserve, effective date: 16 September 2006, 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 and found that the applicant met entrance qualification standards to include age. There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service. Also, regarding the applicant's issue in reference to him reenlisting in the United States Army Reserve, the analyst found that at the time of discharge the applicant was issued an under other than honorable conditions discharge. In accordance with AR 601-210, Separation Program Designator (SPD)/Reentry Eligibility (RE) Codes Cross-Reference Table dated 15 June 2006, AR 601-210, determines Regular Army (RA) and United States Army Reserve (USAR) reentry eligibility, and provides regulatory guidance on the RE codes. An under other than honorable conditions discharge requires a reentry eligibility (RE) code of "4." An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. Finally, 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. 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: 19 June 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: NA
RE Code:
Grade Restoration: No Yes Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080011957
______________________________________________________________________________
Page 1 of 3 pages
AF | DRB | CY2006 | AR20060016550
The evidence of record indicates that Orders 06-079-00005, dated 20 March 2006, Department of the Army Headquarters, 90th Regional Readiness Command, North Little Rock, AR, discharged the applicant from the United States Army Reserve, effective 20 March 2006, with an under other than honorable conditions discharge. However the record indicates that Orders 06-079-00005, dated 20 March 2006, Department of the Army Headquarters, 90th Regional Readiness Command, North Little Rock, AR discharged...
ARMY | DRB | CY2009 | AR20090018187
Applicant Name: ????? The record contains a properly constituted Order which indicates that the applicant was discharged under the provisions of paragraph 13, AR 135-178, by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY...
ARMY | DRB | CY2007 | AR20070013926
Applicant Name: ????? 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 performance. 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 | DRB | CY2009 | AR20090007518
Applicant Name: ????? Legal Basis for Separation: Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel from the United States Army Reserve. 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...
ARMY | DRB | CY2009 | ar20090006070
Applicant Name: ????? 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 and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under...
ARMY | DRB | CY2008 | AR20080013808
Discharge Under Review Unit CDR Recommended Discharge: Date: Not In File (NIF) Discharge Received: Date: 060809 Chapter: 13-1 AR: 135-178 Reason: Unsatisfactory Participation RE: SPD: NIF Unit/Location: 281st TC Co, Las Cruces, NM Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Legal Basis for Separation: Army Regulation 135-78 govern procedures covering enlisted personnel management of the...
ARMY | DRB | CY2010 | AR20100012316
Applicant Name: ????? Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant, states in effect, that he was discharged for missing drills but would now like to reenlist and cant do it with an under other than honorable conditions discharge. The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of paragraph 13, AR 135-178, by reason of unsatisfactory participation, as stated by the applicant, with a...
ARMY | DRB | CY2008 | AR20080014081
Applicant Name: ????? Facts, Circumstances, and Legal Basis for Separation a. 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 AR20080014081 ______________________________________________________________________________ Page 1 of 3 pages
ARMY | DRB | CY2013 | AR20130005169
Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 28 November 2006 d. Reason/Authority/SPD/RE Code: Unsatisfactory Participant, AR 135-178, Chapter 13, RE NIF, SPD NA e. Unit of assignment: HHD, 468th QM Bn, 10031 E. Northwest Hwy, Dallas, TX 75238, (TPU) 90th RSC f. Current Enlistment Date/Term: 23 July 2002, 6 years g. Current Enlistment Service: 4 years, 4 months, 5 days h. Total Service: 12 years, 3 months, 5 days i. The record contains a properly...
ARMY | DRB | CY2008 | AR20080007515
Applicant Name: ????? It indicates that the applicant was discharged under the provisions of Paragraph 8-26e(1), NGR 600-200, by reason of conviction by civil court, with a characterization of service of general, under honorable conditions, and a reenlistment eligibility (RE) code of "3." Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY...