Applicant Name:  ?????

Application Receipt Date: 2009/03/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states on the DD Form 293, "After serving in Iraq from 2003 to 2004, I went home and fell into hard times with my mother being ill. My mother and father are divorced. My mother lives in Costa Rica and I am the sole provider for her. I did not have a job back home and I was offered a job by a contractor back in Iraq. I contacted the unit administrator for the 377th QM CO and asked to be placed on IR in order to go work in Iraq and be able to take care of my mother. She told me she would do it and it wouldn't be a problem. Well I have been out here in Iraq since 2004 and am still supporting my mother. I am trying to get a clearance in order to better my familiy's future. I have never recieved a DD214. I have never been contacted by anyone regarding my situation. When I tried to obtain my DD214 through archives I could not get one. They didn't have one on file. I tried every which way to get one and I finally got ahold of HR in MEPS Miami. They send me orders that reduced me from SPC to PV1 and gave me an other than Honorable Discharge. I believe this is unfair. I want to change this. I will do what ever is asked of me including making back time. I have been in Iraq supporting troops since 2004. I know that i was suppose to be in front of a review board in order to recieve an "other than Honorable" discharge. Please assist me in this matter. I feel I do not diserve this discharge."

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: NIF
Discharge Received: 			   Date: 051016   Chapter: 1-18b(3)       AR: 135-178
Reason: NIF	   RE:     SPD: NIF   Unit/Location: 377th QM Co, Tifton, GA 

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:  19
Current ENL Date: 980330    Current ENL Term: 8 Years  ?????
Current ENL Service: 	7 Yrs, 06Mos, 12Days ?????
Total Service:  		7 Yrs, 06Mos, 12Days ?????
Previous Discharges: 	IADT 980414-980821/UNC
                                      USAR 980822-010930/NA
                                      USCG 010930-030318/NA
                                      USAR 030319-040427/NIF
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 77F10/Petroleum Supply Specialist   GT: 105   EDU: NIF   Overseas: SWA   Combat: Iraq/Kuwait, (030604-040329)
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  APO AE
Post Service Accomplishments: The applicant states that he is a contractor in Iraq.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army Reserve.  The record indicates that on 16 September 2005 DA HQS, 81st Regional Readiness Command, Birmingham, AL, discharged the applicant from the Army Reserve, effective 16 October 2005, with an under other than honorable conditions discharge.  The record contains a properly constituted Order as described above.  It indicates that the applicant was discharged under the provisions of Paragraph 1-18b(3), AR 135-178.   

       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 applicant’s 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 16 September 2005, DA HQS, 81st Regional Readiness Command, Birmingham, AL, discharged the applicant from the Army Reserve, effective16 October 2005, with an under other than honorable conditions discharge.  All the facts and circumstances pertaining to the applicant’s discharge are not contained in the available records and the analyst presumed government regularity in the discharge process.  The analyst noted the applicant's issue; however, granting a clearance for further enhancement does not fall within the purview of this Board.  Furthermore, the analyst determined that the applicant’s 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 Board’s consideration.  The analyst acknowledges the applicant's successful transition to civilian life and noted the accomplishment outlined with the application.  However, in review of the applicant’s available service record, the analyst found that this accomplishment did not overcome the reason for the discharge and characterization of service granted.  The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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: 11 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 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 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 AR20090005254
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