Applicant Name:
Application Receipt Date: 2009/03/06 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 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: NIF Date: NIF
Discharge Received: Date: 051022 Chapter: 1-18b(3) AR: 135-178
Reason: NIF RE: SPD: NA Unit/Location: 81st RRC TTHS Account, Birmingham, AL
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: 28
Current ENL Date: 030908 Current ENL Term: 3 Years ?????
Current ENL Service: 2 Yrs, 01Mos, 14Days ?????
Total Service: 12 Yrs, 06Mos, 06Days ?????
Previous Discharges: USAR 930428-941014/UNC
IADT 930804-931111/HD
USAR 931112-980318/NA
RA 980319-030406/HD
USAR 010318-030406/NA
Highest Grade: E5 Performance Ratings Available: Yes No
MOS: 11B/Infantryman GT: 88 EDU: GED Overseas: None Combat: None
Decorations/Awards: AFSR, AAMx2, NATO MDL, AGCM, NDSM, ASR
V. Post-Discharge Activity
City, State: High Point, NC
Post Service Accomplishments: None submitted by the applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence shows the applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve. The record indicates that on 22 September 2005, Department of the Army, Headquarters, 81st Regional Readiness Command, Birmingham, AL, Orders 05-265-00074, discharged the applicant from the United States Army Reserve, effective 22 October 2005, with an under other than honorable conditions discharge and reduced from E5 to E1.
b. Legal Basis for Separation:
Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 12 of this regulation establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. 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 applicants available records for the period of enlistment under review, and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. On 22 September 2005, DA HQS, 81th Regional Readiness Command, Birmingham, AL, discharged the applicant from the Army Reserve, effective 22 October 2005, with an under other than honorable conditions discharge. All the facts and circumstances pertaining to the applicants discharge are not contained in the available records and the analyst presumed government regularity in the discharge process. The analyst noted the applicant's issues and 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. 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 that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 2 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 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 AR20090004901
______________________________________________________________________________
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