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. Soldiers 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 Applicants 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 Applicants 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 Applicants discharge are not contained in the available records and the analyst presumed government regularity in the discharge process. 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 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 Boards 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 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 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
______________________________________________________________________________
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