Applicant Name:
Application Receipt Date: 2009/03/11 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and supporting 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: NIF Date: NIF
Discharge Received: Date: 051231 Chapter: NIF AR: 135-178
Reason: NIF RE: NIF SPD: NA Unit/Location: Co M, 158th AVN REGT, Ft Hood, TX
Time Lost: None
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: 18
Current ENL Date: 980122 Current ENL Term: 8 Years ?????
Current ENL Service: 7 Yrs, 11Mos, 09Days ?????
Total Service: 7 Yrs, 11Mos, 09Days ?????
Previous Discharges: IADT 990601-990831/HD
Highest Grade: E5 Performance Ratings Available: Yes No
MOS: 52C10/Utilities Equipment Repairer GT: NIF EDU: HS Letter Overseas: None Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
City, State: Temple, TX
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 US Army Reserve. The record indicates that on 10 December 2005, DA HQS, U. S. Army Reserve Command, Ft McPherson, GA, discharged the applicant from the Army Reserve, with Order 05-344-00016, effective 31 December 2005, with an under other than honorable conditions discharge. The record contains a properly constituted Order as described above.
b. Legal Basis for Separation:
Army Regulation 135-178 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 available military records for the period of enlistment under review, the issue and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the US Army Reserve. However, the record does contain an Order 05-344-00016 separating the applicant with an under other than honorable conditions discharge. 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 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. 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. 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 December 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 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 AR20090004922
______________________________________________________________________________
Page 1 of 2 pages
ARMY | DRB | CY2009 | AR20090008261
Applicant Name: ????? Years Mobilized for 365 days Current ENL Service: 2 Yrs, 02Mos, 09Days ????? Legal Basis for Separation: Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve.
ARMY | DRB | CY2010 | AR20100010391
Applicant Name: ????? The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of AR 135-178, with a characterization of service of under other than honorable conditions. 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 Legend: AWOL Absent Without Leave GCM General Court Martial NA Not...
ARMY | DRB | CY2009 | AR20090008589
This is also noted in my supporting documents. I was advised at the time of my counseling that I would receive a General Discharge. Therefore, 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.
ARMY | DRB | CY2009 | AR20090012505
Applicant Name: ????? 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. 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...
ARMY | DRB | CY2009 | AR20090004139
Application Receipt Date: 2009/02/25 Prior Review: Prior Review Date: NA I. Facts and Circumstances: The evidence of record shows that on 13 June 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 12, paragraph 1, AR 135-178, by reason of misconductfor testing positive for THC during the unit's random urinalysis testing on (080411), with a general, under honorable conditions discharge. Board Discussion, Determination, and...
ARMY | DRB | CY2008 | AR20080003403
Applicant Name: ????? The service of a Soldier who is separated under this chapter will be uncharacterized. Furthermore, the analyst determined that the applicants 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.
ARMY | DRB | CY2009 | AR20090013611
Applicant Name: ????? I am now trying to finish school to better my future, however, I am unable to take the benefits of the GI Bill due to my current discharge status and thus I am trying to see if there is anything that can be done." Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA Legend: AWOL Absent Without Leave GCM General Court Martial NA Not...
ARMY | DRB | CY2010 | AR20100009450
Applicant Name: ????? Facts, Circumstances, and Legal Basis for Separation a. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15...
ARMY | DRB | CY2009 | AR20090008001
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 13 March 2000, the unit commander notified the applicant by certified mail of initiation of separation action under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participation for accumulating 31 unexcused absences between 12 March 1999 and 6 February 2000, with an under other than honorable conditions discharge. On 7 January 2001, the separation authority waived further...
ARMY | DRB | CY2008 | AR20080016172
Applicant Name: ????? Facts, Circumstances, and Legal Basis for Separation a. 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.