Applicant Name:  ?????

Application Receipt Date: 2008/10/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I would like the characterization and reduction in rank to be overturned. I would like to reenlist into the Army Reserves and serve until I retire. I want a full investigation into the 6250th USAH, 2nd MED BRGD, 70th RRC for the illegal actions in which they did to cover up the fraudulent contract. I tried to get help from the IG office in Hawaii,  the IG office of the 2nd MED BRGD, the 70th RRC IG office, the JAG office of the 70th RRC, CPT Djou, SFC Kaneko as well as many others in the military. I have lost trust, faith, and confidence in the 6250th USAH. I question their motives as well as their performance. I do have all the required information for a strong case against all of those who tortured and conspired against me. Please help me restore the core fundamentals in which all those who serve in the Army believe in, the Army Values. Loyalty, Duty, Respect,  Selfless Service, Honesty, Integrity, and Personal Courage. I have learned so much from the military and I am proud to have served. I want to keep on serving and keep learning these valuable information in which can be used to not only better myself but also help the general public. Military service means so much to me, its apart of who I am. I have served on active duty, in the reserves, and the national guard for almost 10 years. When I used to be a work study student for the VA in Pudget Sound, I was so touched by those who sacrificed themselves for great country.  I felt that it was my duty to honor these men and women and treat them with the best care and respect that they deserve. When I use to work on the gates at FT Lewis, I use to be honored to serve the military also as a civilian contract armed security guard. When I worked as a Pharmacy Technician for Madigan Army Medical Center, I felt like I owe these wounded soldiers my life. The military has given me a lot and I have given so much in return and would like to continue my service, if possible. I have been wronged but I am willing to forgive those who have committed these crimes against me, I am ready to move forward and I am eager to put on the uniform which makes me proud. My grandfather, his brother, my uncles, and I have all served honorably. Please help me solve this unfortunate incident”.

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: 080401   Chapter: Paragraph 10-15       AR: 135-178
Reason: NIF	   RE:     SPD: NIF   Unit/Location: 6250th USAH, Fort Lewis, WA 

Time Lost: None

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:  28
Current ENL Date: 070304    Current ENL Term: 6 Years  ?????
Current ENL Service: 	01 Yrs, 01Mos, 20Days ?????
Total Service:  		06 Yrs, 02Mos, 28Days ?????
Previous Discharges: 	RA 980203-000613/HD
                                       RA 000614-020613/HD
                                  ARNG 050430-060222/HD                                   
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 54B10/Chemical Operations Specialist   GT: 102   EDU: HS GRAD   Overseas: Korea   Combat: None
Decorations/Awards: ARCOM, AAM (2), AGCM, ASR, OSR

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

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 24 April 2008, Orders 08-115-00023, DA HQS, Army Reserve Medical Command, Pinellas Park, FL, discharged the Applicant from the Army Reserve, effective 24 April 2008, with an under other than honorable conditions discharge.

       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 submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the Applicant's discharge.   The Applicant’s record is void of the specific facts and circumstances concerning the events that led to the discharge from the Army.  However, the Applicant’s record does contain properly constituted Orders 08-115-00023, DA HQS, Army Reserve Medical Command, Pinellas Park, FL, discharged the Applicant from the Army Reserve, effective 24 April 2008, with an under other than honorable conditions discharge.   In the absence of information to the contrary, the analyst presumed Government Regularity in the discharge process and was satisfied that all requirements of law and regulation were met and the rights of the Applicant were fully protected throughout the separation process.  Furthermore, because 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.  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: 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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080016287
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