Search Decisions

Decision Text

ARMY | DRB | CY2008 | AR20080016172
Original file (AR20080016172.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 081017	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed 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: 070801   Chapter: 13    AR: 135-178
Reason: Unsatisfactory Participation	   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:  23
Current ENL Date: 030205    Current ENL Term: 08 Years  USAR
Current ENL Service: 	04 Yrs, 05 Mos, 07 Days ?????
Total Service:  		04 Yrs, 05 Mos, 07 Days ?????
Previous Discharges: 	ADT - 040102-050406/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 63S  Hvy Wheeled Veh Mech   GT: NIF   EDU: College   Overseas: SWA   Combat: Afghanistan (040303-060101)
Decorations/Awards: AAM, GWOTSM, GWOTEM, NDSM, AFRM w/M Device, ASR

V.  Post-Discharge Activity
City, State:  Niles, MI
Post Service Accomplishments: None 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 Army Reserve.  The record indicates that on 1 August 2007, DA HQS, 81st Regional Readiness Command, Birmingham, AL, Orders 07-213-00016, discharged the Applicant from the Army Reserve, effective 1 August 2007, with a general, under honorable conditions discharge.  The record contains a properly constituted Order as described above.  The Applicant provided documentation which indicates he was discharged under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participation.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate, however, a fully honorable discharge may be granted in meritorious cases.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of the Applicant’s 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.  On 1 August 2007, DA HQS, 81st Regional Readiness Command, Birmingham, AL, discharged the applicant from the Army Reserve, effective 1 August 2007, with a general, under honorable conditions discharge.  All the facts and circumstances pertaining to the Applicant’s discharge are not contained in the available records and the analyst presumed government regularity in the discharge process.  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 that the reason for discharge and the characterization of service remains 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 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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080016172
______________________________________________________________________________


Page 1 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2008 | AR20080011539

    Original file (AR20080011539.txt) Auto-classification: Denied

    Applicant Name: ????? Application Receipt Date: 2008/07/23 Prior Review: Prior Review Date: NA I. Total Service: 06 Yrs, 04Mos, 11Days the analyst utilized applicant's prior DD Form 214 and the separation order for computing the period of enlistment under review and total service.

  • ARMY | DRB | CY2008 | AR20080005494

    Original file (AR20080005494.txt) Auto-classification: Denied

    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: ?????

  • ARMY | DRB | CY2006 | AR20060009753

    Original file (AR20060009753.txt) Auto-classification: Denied

    Facts, Circumstances, and Legal Basis for Separation a. Therefore, the reason for discharge and the characterization of service were both proper and equitable. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI.

  • ARMY | DRB | CY2009 | AR20090008553

    Original file (AR20090008553.txt) Auto-classification: Denied

    Applicant Name: ????? Legal Basis for Separation: Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve. 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 DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2009 | AR20090011597

    Original file (AR20090011597.txt) Auto-classification: Denied

    c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records during the period of enlistment under review, the issues 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 applicant’s record of service during the period of enlistment under review and...

  • ARMY | DRB | CY2008 | AR20080002270

    Original file (AR20080002270.txt) Auto-classification: Approved

    Applicant Name: ????? The Board determined that the overall length and quality of the applicant’s service, to include his combat service, mitigated the discrediting entries in his service record. 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 President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change...

  • ARMY | DRB | CY2006 | AR20060014134

    Original file (AR20060014134.txt) Auto-classification: Denied

    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. 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 Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 9 November...

  • ARMY | DRB | CY2012 | AR20120002833

    Original file (AR20120002833.txt) Auto-classification: Denied

    The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. Although all the facts and circumstances pertaining to the applicant’s discharge are not contained in the available records and the analyst presumed government regularity in the discharge process, the available record does show periods during which the applicant was credited with attending drills and/or inactive duty training. The...

  • ARMY | DRB | CY2008 | AR20080010966

    Original file (AR20080010966.txt) Auto-classification: Denied

    Facts, Circumstances, and Legal Basis for Separation a. However, the applicant’s record contains a properly constituted Order which indicates that the applicant was discharged UP AR 135-178 with a general under honorable conditions discharge. 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...

  • ARMY | DRB | CY2009 | AR20090006718

    Original file (AR20090006718.txt) Auto-classification: Denied

    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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090006718 ______________________________________________________________________________ Page 1 of 2 pages