Applicant Name:  ?????

Application Receipt Date: 2009/02/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "Sir or Madam, I am requesting that the board please review my discharge status and please consider upgrading it. I received a “General Under Honorable Conditions” from the Army Reserves in 2006. There was no reason given to me why I received this discharge. I was under the impression that I was to be in the Inactive Reserves until 04/21/2007 based on the arrangement I had with the Unit Administrator. I enlisted in the Army Reserves in April 1999. I was called to active duty in 2003. I served overseas during Operation Iraqi Freedom and was discharged from active duty in February 2004 with a discharge status of “Honorable.” At this time, I was told I had 180 days before I had to start my weekend drills again and to report back for the August drills. As I was leaving, I was told there was a need for someone to work nights in the G2 section of my unit to do security and transfer calls form Kuwait/Iraq to the states. I was given the option to do a year worth of drills during the month of March and with the 180 days of not having to drill, that would bring me to the time I needed to enter the Inactive Reserves. I thought this would be a great opportunity focus on a school and a career. I took the deal and worked the year worth of drills and didn’t hear anything until the summer of 2005. The Unit Administrator called me and said that I had an “Army Commendation Medal” that had been awarded to me during my time overseas and I could come pick it up. I never did pick the medal up because Hurricane Katrina hit our state and months later I went to the location of my unit and it had been destroyed. My unit never rebuilt and I have no idea if they moved. I wanted to rejoin the Army and was informed of my discharged status. I was shocked to find out that I had received the “General” and that they wouldn’t take me because of it unless I appeal it. I know that my civilian record has no bearing on your decision so all I can show you is what little I have from my military service. I joined under the “Split Option” program when I was 17. I completed Basic and returned to my senior year of high school. After high school, I completed AIT where I was an “Honor Graduate.” I was assigned to a personnel unit in New Orleans. I volunteered to be place on the funeral details in my area. When a Veteran died, I represented the Army at the military funerals in the New Orleans area. When September 11th happened, I requested to be sent to a unit that would be going overseas. Once there, I begged to be sent to Kuwait/Iraq. I was never in any kind of trouble. My only regret is that I didn’t go Infantry. I know that ultimately it was my responsibility to follow up with my unit and I’m not trying to give excuses or pass blame. I believe that it was a combination of things that led to these circumstances. I asked that the board to please consider my request so that I can return to the Army Reserves and continue to serve my country. Thank you for your time.  Sincerely, "

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 060630   Chapter: NIF    AR: 135-178
Reason: NIF	   RE:     SPD: NA   Unit/Location: 377th Theater Support Command, New Orleans, LA 

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 





IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 990422    Current ENL Term: 8 Years  ?????
Current ENL Service: 	07 Yrs, 02Mos, 09Days ?????
Total Service:  		07 Yrs, 02Mos, 09Days the analyst utilized applicant's enlistment contract, separation orders and DD Form 214 for computation of period of enlistment under review and total service.
Previous Discharges: 	USAR-990422-990603/NA
                                       ADT-990604-990819/NA
                                       USAR-990820-030315/NA
                                       AD-030316-040217/HD
                                       (Concurrent Service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 75H10 Personnel Services Spec   GT: 112   EDU: 12 Years   Overseas: Southwest Asia   Combat: Kuwait (030503-040128)
Decorations/Awards: ARCOM, NDSM, AFRM-W/"M" DEV, ASR

V.  Post-Discharge Activity
City, State:  Hammond, LA
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the United States Army Reserve.  On 5 June 2006, DA, HQ & HQ, 377th Theater Support Command, New Orleans, LA, Orders 06-156-00010, discharged the applicant from the United States Army Reserve, effective date:  30 June 2006, with an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank.

       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 permitted the characterization of service as general, under honorable conditions. 

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records during the period of enlistment under review, the issues and documents he submitted, 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 a discharge from the United States Army Reserve.  However, on 5 June 2006, DA, HQ & HQ, 377th Theater Support Command, New Orleans, LA, Orders 06-156-00010, discharged the applicant from the United States Army Reserve, effective date:  30 June 2006, with an under 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 and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Further, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Finally, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain the specific documents that would indicate the reason for his separation from the United States Army Reserve.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the applicant to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action for the Board’s consideration.  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.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 18 November 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 applicant’s record of service during the period of enlistment under review and considering the analyst’s 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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090002935
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