Applicant Name:  ?????

Application Receipt Date: 0081017	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting documentation 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: 060209   Chapter: NIF    AR: 135-178
Reason: NIF	   RE:     SPD: NIF   Unit/Location: DA, HQ, 81st Regional Readiness Cmd, Birmingham, AL 

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 020225    Current ENL Term: 08 Years  USAR
Current ENL Service: 	03 Yrs, 11 Mos, 15 Days Record of evidence does not contain records by which to conclusively determine the Applicant's current and/or total service.  
Total Service:  		03 Yrs, 11 Mos, 15 Days ?????
Previous Discharges: 	ADT - 030102-040124/HD (Concurrent Service)
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 71L  Admin Spec   GT: NIF   EDU: College   Overseas: SWA   Combat: Kuwait (030121-031217)
Decorations/Awards: GWOTSM, NDSM, AFRMw/M Device, ASR

V.  Post-Discharge Activity
City, State:  Lithia Springs, GA
Post Service Accomplishments: See 'Personal Statement' submitted by the Applicant.

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 9 February 2006, Department of the Army, Headquarters, 81st Regional Readiness Command, Birmingham, AL, Orders 06-040-00136, discharged the Applicant from the United States Army Reserve, effective 9 February 2006, with an under other than honorable conditions discharge and the Applicant was reduced from E5 to E1.  In her DD Form 293, the Applicant indicates the likely reason for her discharge was unsatisfactory participation.

       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 the Applicant’s available military records, and the issue submitted with the application as to the propriety of the discharge, the analyst determined that the Applicant’s 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 her discharge from the Army Reserve.  However, the Applicant’s 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 the command's action was erroneous in the type of discharge she received from the U.S. Army Reserve.  Furthermore, the analyst determined that the Applicant’s 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 Board’s consideration.  In view of the foregoing, 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: 31 July 2009         Location: Washington, D.C.

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 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 AR20080016163
______________________________________________________________________________


Page 1 of 2 pages