Applicant Name:  

Application Receipt Date: 2008/11/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states on the DD Form 293, "I was discharged from my last unit in January of 2006. I was reduced from E5 to E1 and given an Under Other Than Honorable Conditions discharge. The unit I was in was a Drill Sergeant unit under the 95th Division. I had come so close to graduating from DS School in a previous unit and I was given another chance in this one. But I lived in Kansas City, MO and the unit was in Lincoln, NE. With the shift I worked and the travel involved I miossed several drills. I'm not trying to make myself out to be a saint in all of this. There were times when I couldn't make it and didn't call to inform the unit. We had a drill scheduled for the weekend of September 17-18, 2005. I got off at 4am Saturday the 17th. I headed to Lincoln and kept drifting off to sleep. I called the unit and left a message. Headed back to KC and then my son was born the next day. I am claiming all responsibility. However, I feel that it's enough that I was reduced to E-1 without being given an opportunit to continue my military career. I served from 1989-1994 on active duty and was discharged Honorably. I've served 8 years in the reserves and to have all of that taken away because a period of instability in my life is a bit much. I'm not suggesting that the discharge be changed to Honorable just upgraded enough to get back in. I'm more than willing to work my way up from E-1".

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: 060223   Chapter: 7-12      AR: 135-178
Reason: NIF	   RE:  NIF   SPD: NIF   Unit/Location: 95th, 2 BDE, 2/377, Lincoln, NE 

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:  30
Current ENL Date: 000812    Current ENL Term: 6 Years  ?????
Current ENL Service: 	5 Yrs, 6Mos, 11Days ?????
Total Service:  		11 Yrs, 11Mos, 31Days ?????
Previous Discharges: 	RA 891107-941026/HD
                                  USAR 941027-000811/NA
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 71L/Admin Specialist   GT: 129   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AAM x2, NDSM, AGCM, OSR, ASR (all taken from the DA Form 2-1)

V.  Post-Discharge Activity
City, State:  Kansas City, MO
Post Service Accomplishments: None listed 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 24 January 2006, DA HQS, 95th Division (Institutional Training) Oklahoma, OK, discharged the applicant from the Army Reserve, effective 23 February 2006, with an under other than honorable conditions discharge.  The record contains a properly constituted Order as described above.  It indicates that the applicant was discharged under the provisions of AR 135-178, with a characterization of service of under other than honorable conditions.   

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 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 all the applicant’s military records 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.  There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance.  The analyst determined that the applicant’s discharge was appropriate because the quality of the service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel.  By the unsatisfactory performance, the applicant diminished the quality of service below that meriting a fully honorable characterization of service.  Furthermore, the analyst noted the applicant's issue and 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 Reserve.  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: 2 September 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 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 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080019315
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