Applicant Name:  ?????

Application Receipt Date: 2009/04/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I am writting this letter to express my feelings on why my discharge should be changed (upgraded). I enlisted for the Army Reserves in August of 2007 of whom i taught would have been a great idea. However do to events that happened to me, in which my then recruiter Sergeant T and I discussed about, i had to decide that the Army was not for me.  I had 4 months before I was suppose to attend tthe drills in Virginia in July of 2008 a week after my Graduaion. As I was going to therapy at the time, around February 2008, it was Miss G (my therapist) and I where the ones who made the actions needed to be discharged from the Army reserves. I had an hour converstation with LT Q about why I had to leave the Army Reserves and although he tried to make me stay signed in by the end of our convesation he shook my hand and said," Good Luck with your future!" and he smiled as I left the room.  Now it has been over 7 months since I had been discharged and have not been able to find another job. I enrolled in college imediately after I graduated from High School and my decision to leave the Army. I have dreams of doing big things in either the engineering path or in graphic design, or maybe a litttle of both, however since I graduated and left the Army Reserves it had been really hard to find a job. I am on Financial Aid right now and going to a community college, however I am looking forward to transfer to a university and i know that Financial Aid will not cover all my expenses and so I have been desperately looking for a new job so I could be able to save money for tuition and books. Please! I want to move past my decision and I NEVER wanted to make a decision that would hurt my future. I only want to better myself in Life and become someone important in my community. However I can't do it with the "Dishonarable Discharge" on my record. I feel that employers look at that part of my record and don't even bother to look at the rest of my resume and what I have to offer.   I am only trying to better myself and help my family out as well by going to college however I don't think i can make it when I try to transfer to a better university and find that I can't pay for the tuition by myself because I can't find a good job. I could be of an assett to the community as well."

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: Not in file (NIF)
Discharge Received: 			   Date: 080807   Chapter: NIF      AR: 135-178
Reason: NIF	   RE:     SPD: NIF   Unit/Location: HQ, 94th Regional Readiness Cmd, Devens, MA  

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:  ?????
Current ENL Date: 070814    Current ENL Term: 8 Years  ?????
Current ENL Service: 	00 Yrs, 11Mos, 23Days ?????
Total Service:  		00 Yrs, 11Mos, 23Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  New Haven, CT
Post Service Accomplishments: The applicant states that he is attending college.

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. On 7 August 2008, DA HQS, 94th Regional Readiness Command, Devens, MA, Orders number 08-220-00011, discharged the applicant from the Army Reserve, effective 7 August 2008, with service uncharacterized.  The record contains a properly constituted Order which indicates that the applicant was discharged under the provisions of AR 135-178.  

       b.  Legal Basis for Separation:  
             Army Regulation 135-178 governs procedures for the separation of members of the Army Reserve when it is determined that a service member is unqualified for further military service by reason of unsatisfactory participation or by failure to report to IADT Phase I or Phase II.  The service of a member separated under this provision of Army Regulation 135-178 will be uncharacterized, if in entry level status.  USAR Soldiers, entry-level status begins upon enlistment in the USAR.  For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training.  For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT).  Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II.
       

       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 submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  On 7 August 2008, DA HQS, 94th Regional Readiness Command, Devens, MA, Orders number 08-220-00011, discharged the applicant from the Army Reserve, effective 7 August 2008, with service uncharacterized.  
       
       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 applicant states in his request that he and his therapist decided to take the necessary actions to be discharged from the Army Reserve before he had to report to initial active duty training.  Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive Soldiers may be expeditiously separated while in entry-level status.  A general, under honorable conditions  or a honorable discharge is not authorized under entry level status conditions.
       
       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: 29 January 2010         Location: Washington, D.C.

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 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090007087
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