Applicant Name: ?????
Application Receipt Date: 2008/12/08 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: NIF
Discharge Received: Date: 060419 Chapter: NIF AR: 135-178
Reason: Not in File RE: SPD: NIF Unit/Location: 814th MP Co, Arlington Heights, IL
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 22
Current ENL Date: 040321 Current ENL Term: NIF Years ?????
Current ENL Service: 02 Yrs, 00Mos, 28Days ?????
Total Service: 05 Yrs, 10Mos, 09Days ?????
Previous Discharges: USAR 000203-021226
RA 021227-040320/HD
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 31B10/Military Policeman GT: NIF EDU: NIF Overseas: SWA Combat: Kuwait/Iraq (030206-040204)
Decorations/Awards: ARCOM, NDSM, AFRM W/M, ASR, ARCOTR, OSB (2)
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None listed 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. However, the record does contain Orders 06-079-00050, dated 20 March 2006, DA HQS, 88th Regional Readiness Command, Fort Snelling, MN, which discharged the applicant from the Army Reserve, effective 19 April 2006, with a general, under honorable conditions discharge.
b. Legal Basis for Separation:
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 06-079-00050, DA HQ, 88th Regional Readiness Command, Fort Snelling, MN, dated 20 March 2006, which discharged the applicant from the Army Reserve effective 19 April 2006, 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 Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Futhermore, 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: 30 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 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 AR20090000678
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080015266
Applicant Name: ????? Discharge Under Review Unit CDR Recommended Discharge: NIF Date: NIF Discharge Received: Date: 060427 Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participation in the Ready Reserve RE: SPD: NIF Unit/Location: HHC, 367th Engineer Bn, St. 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.
ARMY | DRB | CY2006 | AR20060011568
Facts, Circumstances, and Legal Basis for Separation a. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 10 September 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case...
ARMY | DRB | CY2006 | AR20060014132
The analyst noted that on 12 October 2004, the unit commander notified the applicant of initiation of separation action under the provisions of AR 135-178, Chapter 9, by reason of unsatisfactory performance, with a general, under honorable conditions discharge. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President,...
ARMY | DRB | CY2008 | AR20080011717
Applicant Name: ????? Legal Basis for Separation: Army Regulation 135-178 provides for the separation of members of the Army National Guard and Army Reserve when it is determined that a service member is unqualified for further military service by reason of unsatisfactory participation. An enlisted member separated for misconduct which includes unsatisfactory participation will normally be furnished a characterization of service of under other than honorable conditions in accordance with...
ARMY | DRB | CY2008 | AR20080014636
Discharge Under Review Unit CDR Recommended Discharge: NIF Date: NIF Discharge Received: Date: 050319 Chapter: NIF AR: 135-178 Reason: NIF RE: SPD: NA Unit/Location: 812th Trans Co, Travers City, MI Time Lost: NIF Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Also, regarding the applicant's issue in reference to him reenlisting in the United States Army Reserve, the analyst found that at the time of...
ARMY | DRB | CY2011 | AR20110011904
Applicant Name: ????? Facts, Circumstances, and Legal Basis for Separation a. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization.
ARMY | DRB | CY2010 | AR20100010574
Applicant Name: ????? The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions. 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 Legend: AWOL Absent...
ARMY | DRB | CY2009 | AR20090012000
Applicant Name: ????? Facts, Circumstances, and Legal Basis for Separation a. Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: Unsigned statement, DD Form 214 for the period ending (030401) and discharge order from the United States Army Reserve dated (071217).
ARMY | DRB | CY2008 | AR20080007913
Applicant Name: ????? Soldiers completing Phase I (BCT) remain in entry-level status until 90 days after beginning Phase II. 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.
ARMY | DRB | CY2009 | AR20090009885
Applicant Name: ????? The record shows an NGB 22 for service between 070529-080430 with an honorable characterization of service. Facts, Circumstances, and Legal Basis for Separation a.