Applicant Name: ?????
Application Receipt Date: 2008/05/07 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: Date: 070222
Discharge Received: Date: 070615 Chapter: 13 AR: 135-178
Reason: Unsatisfactory Participation in the Ready Reserve RE: SPD: NIF Unit/Location: C Co, 458th EN Bn, New Kensington, PA
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: 17
Current ENL Date: 030422 Current ENL Term: 8 Years ?????
Current ENL Service: 04 Yrs, 01Mos, 24Days ?????
Total Service: 05 Yrs, 06Mos, 25Days the analyst utilized applicant's enlistment contract, separation order and DD Form 214 for computation of period of enlistment under review and total service.
Previous Discharges: ADT-030605-030814/NA
USAR-030815-040714/NA
ADT-040715-040922/HD
(Concurrent Service)
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 21E10 Heavy Construction Equipment Operator GT: NIF EDU: 10 Years Overseas: NIF Combat: NIF
Decorations/Awards: ASR
V. Post-Discharge Activity
City, State: Monaca, PA
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
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 evidence of record does show that On 22 February 2007, the unit commander recommended approval of the separation action with an under other than honorable conditions discharge. On 15 June 2007, DA, HQ, 99th Regional Readiness Command, Coraopolis, Pennsylvania, issued Orders 07-166-00017, which discharged the applicant from the United States Army Reserve, effective date: 15 June 2007, with an under other than honorable conditions discharge. The applicant was to be reduced to the lowest enlisted rank.
b. 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. Chapter 13, paragraph 13-1 of the regulation, ineffect at the time, governed separation of unsatisfactory participation in the ready reserve. When discharged under this provision, Army policy states that the characterization of service will normally be under other than honorable conditions. The regulation also permitted the characterization of service as general, under honorable conditions.
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 his discharge from the United States Army Reserve. However, on 15 June 2007, DA, HQ, 99th Regional Readiness Command, Coraopolis, Pennsylvania, issued Orders 07-166-00017, which discharged the applicant from the United States Army Reserve, effective date: 15 June 2007, with an under other than honorable conditions discharge. 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 applicants issue and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. Further, the analyst found that the medical documentation submitted with his application did not overcome the reason for discharge and characterization of service granted. Finally, the analyst 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 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 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: 25 February 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 AR20080007470
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2009 | AR20090008979
Applicant Name: ????? Legal Basis for Separation: Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel from the United States Army Reserve. 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 Number...
ARMY | DRB | CY2008 | AR20080015466
Applicant Name: ????? Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 050630 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Participation RE: SPD: NA Unit/Location: 307th MP Co, (CBT SPT), New Kensington, PA Time Lost: None Listed Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Board Discussion, Determination, and Recommendation After carefully examining the...
ARMY | DRB | CY2007 | AR20070017649
Applicant Name: ????? 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. 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...
ARMY | DRB | CY2009 | AR20090008843
Applicant Name: ????? Legal Basis for Separation: Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel from the United States 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 and the issues he submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the...
ARMY | DRB | CY2009 | AR20090002983
The unit commander's notification letter to the applicant initiating separation action from the United States Army Reserve, the applicant's chain of command's recommendation for approval of the separation action and his election of rights signed by the applicant and an officer from the Judge Advocate General's office are not part of the available record, and the analyst presumed Government regularity in the discharge process. The board recommended that the applicant be separated with a...
ARMY | DRB | CY2009 | AR20090008170
Facts, Circumstances, and Legal Basis for Separation a. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants available records for the period of enlistment under review, and the issue and document submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant contends she was being discharged for excessive absences from unit drills and this was a mistake because...
ARMY | DRB | CY2009 | AR20090011150
However, in review of the applicants available service record, the analyst found that his prior or subsequent service did not overcome the reason for discharge and characterization of service granted. Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: The applicant submittedthe following documents: DD Form 214, dated (040319); DD Form 215, dated 9041208); Permanent Orders Number 308-02, dated (031103); and Discharge Orders, dated (060613). Board Discussion, Determination, and...
ARMY | DRB | CY2009 | AR20090004668
Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 149 and supporting documents submitted by the applicant. It indicates that the applicant was discharged under the provisions of Paragraph 13-1, AR 135-178, by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions. Reentry Codes (RE) are provided to active duty members on military discharge documents (DD Form 214, Record of Discharge) and determine...
ARMY | DRB | CY2012 | AR20120007617
Applicant Name: ????? Legal Basis for Separation: Army Regulation 135-178, sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization.
ARMY | DRB | CY2006 | AR20060012067
Current ENL Service: 00 Yrs, 06 Mos, 27 Days ????? c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants available military records for the period of enlistment under review, the issue and documents he submitted, the analyst recommends that relief be denied in this case. In the absence of corroborated evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were...