Applicant Name:  ?????

Application Receipt Date: 2008/09/09	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: 070305
Discharge Received: 			   Date: 080111   Chapter: 12     AR: 135-178
Reason: Misconduct, Commission of a Serious Offense	   RE:     SPD: NA   Unit/Location: USARCG (Reinforcement), St. Louis, MO 

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:  33
Current ENL Date: 070211/OAD    Current ENL Term: 00 Years  545 days
Current ENL Service: 	01 Yrs, 00Mos, 05Days ?????
Total Service:  		07 Yrs, 11Mos, 28Days ?????
Previous Discharges: 	RA-000218-040217/HD
                                       USARCG-040218-070210/NA
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 63B20 Light Wheel Vehicle Mechanic   GT: 102   EDU: BA Degree   Overseas: Korea   Combat: None
Decorations/Awards: ARCOM, AAM, AGCM, NDSM, NCOPDR, ASR, OSR

V.  Post-Discharge Activity
City, State:  Morristown, NJ
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 May 2007, the unit commander (COL, AG, Commanding) notified the applicant of initiation of separation action under the provisions of Chapter 12, AR 135-178, by reason of misconduct-commission of a serious offense for being ordered to active duty, and failed to obey that order, with an under other than honorable conditions discharge.  He was advised of his rights.  On 20 June 2007, the applicant consulted with legal counsel, requested consideration of his case by an administrative separation board, did not submit a statement in his own behalf.  The unit commander's documentation recommending separation from the service and waiver of further rehabilitative efforts is not part of the available record and the analyst presumed Government regularity in the discharge process.  On 28 November 2007, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 17 December 2007, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged with issuance of a characterization of service of under other than honorable conditions.  On 9 January 2008, the separation authority approved the findings and recommendations of the administrative separation board and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.

       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.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  Furthermore, the analyst noted the applicant's issues; however,  the analyst found no evidence of arbitrary or capricious actions by the command.  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.  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: 26 January 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 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, voted to deny relief. 











        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 1    No change 4
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 AR20080014102
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