Applicant Name: ?????
Application Receipt Date: 2008/12/01 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See 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: 080320 Chapter: NIF AR: 135-178
Reason: NIF. Applicant states the reason was 'unsatisfactory participation' RE: SPD: NIF Unit/Location: HQ, 412th Engineer Cmd, Vicksburg, MS
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Courts-Martial (Charges/Dates/Punishment): SCM, 060904, failed to obey a lawful general regulation by wrongfully engaging in a prohibited relationship with another Soldier; reduced to E4, forfeiture of $531.00 pay per month for three months.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 021021 Current ENL Term: 08 Years USAR
Current ENL Service: 04 Yrs, 07 Mos, 29 Days ?????
Total Service: 09 Yrs, 07 Mos, 29 Days ?????
Previous Discharges: RA 021024-071023/HD
Highest Grade: E5 Performance Ratings Available: Yes No
MOS: 21S / Topographic Surveyor GT: 98 EDU: HS Grad Overseas: Germany, Kosovo, SWA Combat: Iraq x 2 (050930-060920 & 030805-040218)
Decorations/Awards: ARCOM, AAM, AGCM, NDSM, GWOTSM, KCM, ICM, ASR, OSR (2), NATO Medal
V. Post-Discharge Activity
City, State: Oklahoma City, OK
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 20 March 2008, DA HQS, 412th Engineer Command, Vicksburg, MS, discharged the Applicant from the Army Reserve, effective 20 March 2008, with a general, under honorable conditions discharge. The record contains a properly constituted Order as described above.
b. Legal Basis for Separation:
Army Regulation 135-78 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:
The Applicants record is void of the specific facts and circumstances concerning the events that led to the former Soldiers discharge from the United States Army Reserve. However, the Applicants record does contain a properly constituted Orders 08-080-00040, DA HQ, 412th Engineer Command, Vicksburg, MS, dated 20 March 2008, which discharged the Applicant from the Army Reserve effective 20 March 2008, with a general, under honorable conditions discharge. Although 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. The analyst found no evidence of arbitrary or capricious actions by the command. The analyst noted the Applicant's issue, however, 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. Therefore, 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: 11 September 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 AR20090000311
______________________________________________________________________________
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