Applicant Name:  ?????

Application Receipt Date: 2009/02/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "This discharge does not accurately characterize my 5 years of honorable service to the U.S. Army.  My resignation in lieu of involuntary separation was intended to address a serious personnel misclassification and prevent the USAR from inappropriately activating me in an MOS for which I was not fully qualified.  I was under the impression that the team at HRC was in concurrence with my approach at the time that I filed my resignation.  I was shocked to find out after processing that the Commander, HRC St Louis issued an Under Other Than Honorable Conditions Discharge as a result of my resignation.  
     Had I been appropriately informed of HRCs intent and the commanders decision regarding my case, I would have done everything within my power to resolve this situation.  I do not feel that I was properly informed of the commander's decision regarding my request for deferment and resignation.  At no time during my service did I willfully intend to commit an act that would be detrimental to the USAR or US Army.  
     I would like to request either an upgrade of my current discharge or an opportunity to be reinstated so that I can appropriately resolve this situation."

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: 080421
Discharge Received: 			   Date: 080722   Chapter: 2-12f & o      AR: 135-175
Reason: Resignation in Lieu of Involuntary Separation	   RE:     SPD: MND   Unit/Location: USARCG (Reinforcement) 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 000506    Current ENL Term: Indef Years  ?????
Current ENL Service: 	8 Yrs, 12Mos, 28Days ?????
Total Service:  		8 Yrs, 12Mos, 28Days ?????
Previous Discharges: 	ADT 040426-050613 HD
Highest Grade: 03		Performance Ratings Available: Yes    No 
MOS: 21B/Engineer   GT: NIF   EDU: BA Degree   Overseas: None   Combat: None
Decorations/Awards: ARCOMx2, AAM, NDSM, GWOTSM, ASR 

V.  Post-Discharge Activity
City, State:  Noblesville, IN
Post Service Accomplishments: None submitted



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 April 2008 the applicant was charged with acts of personal misconduct and conduct unbecoming an officer.  There is a Memorandum from HRC dated 17 July 2008 signed by the Commanding General approving the voluntary resignation and issue an under than other honorable conditions discharge.  The record indicates that on 22 July 2008, Department of the Army, U.S. Army Human Resources Command, 1 Reserve Way, St Louis, MO 63132, Orders D-07-818919, discharged the applicant from the United States Army Reserve, effective 22 July 2008, with an under other than honorable conditions discharge.   
       

       b.  Legal Basis for Separation:  
       Army Regulation 135-175 sets forth the basic authority for the separation of officers from the U.S. Army Reserve (USAR), except for officers serving on active duty or active duty training exceeding 90 days.  Chapters 2 and 3 of this regulation provide the basis for involuntary separations of USAR officers.  Specific categories include substandard performance of duty, moral or professional dereliction, in the interest of national security, as a result of trial by court martial, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, homosexual conduct, convictions by civil authorities and desertion or absence without proper authority from unit training.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general under honorable conditions or an honorable discharge may be granted. 

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, and the issue submitted with the application as to the propriety of the discharge, the analyst determined that the applicant’s available record of service during the period under review as a U.S. Army Reserve officer is void of the specific facts and circumstances concerning the events that led to his discharge from the Army Reserve.  However, the applicant’s record does contain a properly constituted Order which was authenticated by the appropriate military authority.  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.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the type of discharge he received from the U.S. Army Reserve.  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: 25 June 2009         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony 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 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 AR20090003614
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