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 DD Form 293 and attached 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: 050728 Chapter: 13 AR: 135-178
Reason: Unsatisfactory Participation RE: SPD: NA Unit/Location: 88th RRC TTHS Account, Fort Snelling, MN
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 21
Current ENL Date: 020126 Current ENL Term: 08 Years ?????
Current ENL Service: 03 Yrs, 06Mos, 03Days ?????
Total Service: 03 Yrs, 06Mos, 03Days ?????
Previous Discharges: ADT-020220-020703/NA
(Concurrent Service)
Highest Grade: E1 Performance Ratings Available: Yes No
MOS: 77F10/Petroleum Supply Specialist GT: NIF EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
City, State: Bellbrook, OH
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The complete facts and circumstances pertaining to the applicants discharge from the Reserve of the Army are not contained in the available records. However, evidence shows that on 4 August 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 135-178, Paragraph 13-1, by reason of unsatisfactory participation for refusal to attend Annual Training with the Company at Fort Gordon, GA, from 4-18 June 2004, with a general, under honorable conditions discharge. On 25 October 2004, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. The applicant's election of rights and the separation authorities approval memorandum are not contained in the available record and the analyst presumed Government Regularity in the discharge process. Further, the record indicates that on 28 June 2005, Department of the Army, HQ, 88th Regional Readiness Command, Fort Snelling, Minnesota, Orders 05-179-00055, discharged the applicant from the United States Army Reserve, effective 28 July 2005, with an under other than honorable conditions discharge.
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 all the applicants available military records during the period of enlistment under review, the issues, and document he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge to general, under honorable conditions. There was a full consideration of all faithful and honorable service. While the analyst does not condone the applicants unsatisfactory participation, the evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable. The analyst determined that the length of the applicant's service and the recommendation of the unit and intermediate commander for approval of the separation action with a general, under honorable conditions discharge, mitigated the discrediting entries in the service record. Accordingly, the analyst recommends that the applicants characterization of service be upgraded to general, under honorable conditions. However the reason for discharge remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 15 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 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 AR20080011962
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080012693
Applicant Request: Upgrade Reason Change RE Code Change Issues: The Applicant states that the discharge on record is innacurate according to the paperwork he received from his unit. Legal Basis for Separation: Army Regulation 135-78 govern procedures covering enlisted personnel management of the Army Reserve. Furthermore, 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...
ARMY | DRB | CY2008 | AR20080007913
Applicant Name: ????? Soldiers completing Phase I (BCT) remain in entry-level status until 90 days after beginning Phase II. 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.
ARMY | DRB | CY2006 | AR20060014132
The analyst noted that on 12 October 2004, the unit commander notified the applicant of initiation of separation action under the provisions of AR 135-178, Chapter 9, by reason of unsatisfactory performance, with a general, under honorable conditions discharge. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President,...
ARMY | DRB | CY2011 | AR20110011904
Applicant Name: ????? Facts, Circumstances, and Legal Basis for Separation a. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization.
ARMY | DRB | CY2010 | AR20100010574
Applicant Name: ????? The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of Chapter 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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA Legend: AWOL Absent...
ARMY | DRB | CY2008 | AR20080011717
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 participation. 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 | CY2008 | AR20080015266
Applicant Name: ????? Discharge Under Review Unit CDR Recommended Discharge: NIF Date: NIF Discharge Received: Date: 060427 Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participation in the Ready Reserve RE: SPD: NIF Unit/Location: HHC, 367th Engineer Bn, St. 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.
ARMY | DRB | CY2009 | AR20090000678
Applicant Name: ????? Facts, Circumstances, and Legal Basis for Separation a. 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.
ARMY | DRB | CY2008 | AR20080003403
Applicant Name: ????? The service of a Soldier who is separated under this chapter will be uncharacterized. Furthermore, the analyst determined that the applicants 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.
ARMY | DRB | CY2008 | AR20080019837
It indicates that the applicant was discharged under the provisions of AR 135-178, by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions. By the unsatisfactory performance, the applicant diminished the quality of service below that meriting a fully honorable characterization of service. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of...