Applicant Name: ?????
Application Receipt Date: 2009/01/12 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, "Am trying to make it back in the active duty. I currently have a RE code 4 and was trying to get it changed to a RE code 3 so I could join again. I want to make a change in my life. My step-father passed away and I went to his aide. My unit told me they would take care of the paper work. After he passed away my mom needed me to help her out. So I stayed there and helped my mom out. If I knew that the paper work wasn't done I would of went to a unit near the moms place. I am a really good person and really want to get back in and make a differance in my life. I want to sever my counrty to the best that I can."
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: 010814
Discharge Received: Date: 020313 Chapter: 13 AR: 135-178
Reason: Unsatisfactory Participant RE: SPD: NA Unit/Location: Co A, 1st BN, 161st INF, Kent, WA
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 27
Current ENL Date: 001219 Current ENL Term: 1 Years 4 days
Current ENL Service: 1 Yrs, 02Mos, 25Days ?????
Total Service: 8 Yrs, 02Mos, 21Days ?????
Previous Discharges: USAR 931223-940215/NA
ADT 940216-940527/HD
USAR 940528-941127/NA
RA 941128-971127/HD
USAR 971128-001218/NA
Highest Grade: E3 Performance Ratings Available: Yes No
MOS: 11B/Infantryman GT: 80 EDU: HS Grad Overseas: Korea Combat: None
Decorations/Awards: ASR, NDSM, OSR, NGSR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None submitted by the applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 14 August 2001, the unit commander notified the applicant by certified mail that he was being recommended for separation from the National Guard under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participant with an under other than honorable conditions discharge. The applicant did not respond within 45 days to the commander's letter in reference to his involuntary separation actions and this waives his rights to an administrative separation hearing. The unit and intermediate commanders subsequently recommended separation from the service. On 13 February 2002, the separation authority reviewed the administrative involuntary separation action and directed that the applicant be discharged with an under other than honorable conditions discharge.
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:
After a careful review of all the applicants military records and the issues 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 applicants discharge was appropriate because the quality of the service was not consistent with the Armys 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, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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: 21 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090001037
______________________________________________________________________________
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