Applicant Name: ?????
Application Receipt Date: 2008/01/20 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents 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: NIF Date: NIF
Discharge Received: Date: 080922 Chapter: NIF AR: NIF
Reason: NIF RE: SPD: NIF Unit/Location: 6250 USAR Hosp 5005, Fort Lewis, WA
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: 020327 Current ENL Term: 8 Years ?????
Current ENL Service: 02 Yrs, 09Mos, 11Days ?????
Total Service: 04 Yrs, 07Mos, 21Days the analyst utilized the applicant's enlistment contract, statement of military service, and DD Form 214 for computing the period of enlistment under review and total service.
Previous Discharges: ADT-020523-040206/UNC
(Concurrent Service)
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 91W10 Practical Nurse GT: NIF EDU: 12 Years Overseas: None Combat: None
Decorations/Awards: NIF
V. Post-Discharge Activity
City, State: Olympia, WA
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The applicant's record is void of the specific facts and circumstances concerning the events that led to a discharge from the United States Army Reserve. Further, the record does not include a separation order; however, the record does contain an AHRC Form 3553-1E, Statement of Military Service from the Chief, Veterans Support Branch, Personnel Support Division, The Adjutant General Directorate-West, dated 22 September 2008. The AHRC Form 3553-1E, shows the dates of active duty service as (020523-040206), for which he received a characterization of service of uncharacterized. Additionally, the AHRC Form 3553-1E, Statement of Military Service also shows that the applicant has a period of Reserve service from (020327-050107), and was issued a characterization of service of general, under honorable conditions, which is the period of service under review and the reason for discharge is unknown.
b. Legal Basis for Separation:
Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available military records during the period of enlistment under review, the issues and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants record is void of the specific facts and circumstances concerning the events that led to a discharge from the United States Army Reserve. However, the record does contain an AHRC Form 3553-1E, Statement of Military Service, dated 22 September 2008. The AHRC Form 3553-1E, shows the dates of active duty service as (020523-040206), for which he received a characterization of service of uncharacterized. Further, the AHRC Form 3553-1E, Statement of Military Service also shows that the applicant has a period of Reserve service from (020327-050107), and was issued a characterization of service of general, under honorable conditions, which is the period of service under review and the reason for discharge is unknown. 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. Furthermore, the analyst noted the applicant's issue and determined that the applicants Official Military Personnel File (OMPF) does not contain the specific documents that would indicate the reason for his separation from the United States Army Reserve. If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the applicant 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 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: 28 October 2009 Location: Washington, DC
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 0 No change 5
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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080016460
______________________________________________________________________________
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