Applicant Name:
Application Receipt Date: 2008/12/30 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: 080108
Discharge Received: Date: 080420 Chapter: 13 AR: 135-178
Reason: Unsatisfactory Participation RE: SPD: NIF Unit/Location: 4th Bn, 95th Regt, North Little Rock, AR
Time Lost: None
Article 15s (Charges/Dates/Punishment): 961021, at Kaiserslautern, Germany, on or about 18 August 1996, at or near Rudolf-Breitsheidstr physically control a vehicle, to wit; a passenger car, while impaired by 0.10 grams of alcohol per 100 milliliters of blood or greater, as shown by chemical analysis. This is in violation of Article 111, UCMJ; reduction to Specialist (E-4); forfeiture of $600 pay for one month; one half suspended, to be automatically remitted if not vacated by 5 December 1996; extra duty for 45 days. (FG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 41
Current ENL Date: 051221 (USAR) Current ENL Term: Indefinite Years ?????
Current ENL Service: 03 Yrs, 05Mos, 00Days (USAR)
Total Service: 14 Yrs, 07Mos, 05Days (Active)
Previous Discharges: RA 820721-850714/HD
RA 850715-910411/HD
RA 910412-940511/HD
USAR 960512-970225/HD
USAR 970226-051220/HD
Highest Grade: E-7 Performance Ratings Available: Yes No
MOS: 25U40/Signal Support Systems GT: NIF EDU: NIF Overseas: Germany Combat: NIF
Decorations/Awards: ARCOM, AAM (6), AGCM (4), NDSM, NOPDR, ASR, OSR
V. Post-Discharge Activity
City, State: ?????
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 his discharge from the Army Reserve. However, the record does show that on 8 January 2008 the unit commander served notice to the applicant, via certified mail, that he intended to separate the applicant from the military in accordance with Army Regulation (AR) 135-178, chapter 13, for unsatisfactory participation, with a characterization of service as Other Than Honorable. On 24 February 2008, the separation authority directed that the applicant be separated from the USAR with an Other Than Honorable discharge and reduced to the grade of E-1. The record indicates that Orders 08-081-0002, DA HQS, 95th Division (IT), Oklahoma City, OK, dated 21 March 2008, reduced the applicant in rank from SFC to PVT and discharged him from the Army Reserve, effective 20 April 2008, 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 issue 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, 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. As such, 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 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: 26 March 2009 Location: Dallas, TX
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 2 No change 3
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 AR20090001695
______________________________________________________________________________
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