Applicant Name: ?????
Application Receipt Date: 2008/12/19 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 149 submitted in lieu of DD Form 293 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: 070925 Chapter: NIF AR: 135-178
Reason: NIF RE: SPD: NIF Unit/Location: 1207 USAH, Fort Benning, GA 31905
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: 19
Current ENL Date: 020930 Current ENL Term: NIF Years ?????
Current ENL Service: 4 Yrs, 11Mos, 25Days ?????
Total Service: 6 Yrs, 04Mos, 25Days ?????
Previous Discharges: USAR-010430-020930/HD
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 68W10/Health Care Spec GT: NIF EDU: NIF Overseas: NIF Combat: NIF
Decorations/Awards: AAM, NDSM, ASR
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 applicants record is void of the specific facts and circumstances concerning the events that led to the discharge from the United States Army Reserve. On 25 September 2007, DA, HQ, Army Reserve Medical Command, Pinellas Park, Florida, Orders 07-268-00094, discharged the applicant from the United States Army Reserve, dated: 25 September 2007, with an under other than honorable conditions discharge.
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. Army policy states that the characterization of service will normally be under other than honorable conditions. The regulation also permited 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 she submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant's record is void of the specific facts and circumstances concerning the events that led to the discharge from the United States Army Reserve. However, on 25 September 2007, DA HQ, Army Reserve Medical Command, Pinellas Park, Florida discharged the applicant from the United States Army Reserve, dated: 25 September 2007, with an 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 applicant's issue; however, the Army Discharge Review Board is not empowered to restore former service member's grade, rate or rank. The Board may only change the characterization or reason for discharge. If an applicant believes there is an error or injustice in her discharge, she then may make an application to the Army Board for Correction of Military Records, utilizing a DD Form 149, which can be obtained on-line. Additionally, the anlyst reviewed the document submitted; however, the available record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. The analyst found no evidence of arbitrary or capricious actions by the command. Further, 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 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 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 November 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: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090001531
______________________________________________________________________________
Page 1 of 3 pages
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