Applicant Name: ?????
Application Receipt Date: 080924 Prior Review: Prior Review Date: 070919
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 submitted by the Applicant. The Applicant indicates he was discharged with an under other than honorable conditions and assigned an RE Code 4. Further, the Applicant indicates he was "arrested for getting smart with my Lt.Col. when he asked me had I ever been arrested" and that he wants one more chance to serve his country.
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: 050930 Chapter: NIF AR: 635-200
Reason: NIF RE: SPD: NIF Unit/Location: D Co, 2nd Bn, 39th Inf, Ft Jackson, SC
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: 20
Current ENL Date: 050825 Current ENL Term: 8 Years ?????
Current ENL Service: 00 Yrs, 00 Mos, 23 Days ?????
Total Service: 00 Yrs, 01 Mos, 05 Days ?????
Previous Discharges: USAR-050825-050930/NA (concurrent service)
Highest Grade: E1 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: Philadelphia, PA
Post Service Accomplishments: The Applicant states he is trying to finish paramedic school with an associates degree in appliced science and, that he is a member of "a group of men & children who get together so the men can show the children how to grow up and live life as men."
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence shows the Applicant's 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 30 September 2005, Department of the Army, Headquarters, United States Army Training Center and Fort Jackson, South Carolina, Orders # 273-1300, discharged the Applicant from the United States Army Reserve, effective 30 September 2005. The order identifies the Army Regulation governing the separation of enlisted members from the United States Army Reserve and, without evidence otherwise, the analyst presumed government regularity in the discharge process.
The Applicant indicates on the DD Form 293 he submitted with his application that he received a discharge under other than honorable conditions, however, the Applicant's record is void of any information concerning the character of the discharge he received.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
c. Response to Issues, Recommendation and Rationale:
After a careful review of the Applicants available military records during the period of enlistment under review and the issue he 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 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 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: 25 June 2009 Location: Chicago, IL
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: Character Reference (1 page).
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the Applicants record of service during the period of enlistment under review, hearing his testimony and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the Applicant's misconduct (entry level status) and his post service accomplishments (community work and academic achievements) and, as a result, it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to uncharacterized and change the reenlistment eligibility (RE) code to RE-3. The Board determined that the reason for discharge was proper and equitable and voted not to change it.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 5 No change 0
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: Change RE Code
RE Code:
Grade Restoration: No Yes Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080015055
______________________________________________________________________________
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