Applicant Name:  ?????

Application Receipt Date: 2009/04/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 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: 	   Date: NIF
Discharge Received: 			   Date: 060421   Chapter: 13    AR: 635-200
Reason: Unsatisfactory Participation	   RE:     SPD: NIF   Unit/Location: B Co, 7/158th AVN RGT, New Century AIR, KS 

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:  38
Current ENL Date: 010919    Current ENL Term: 6 Years  ?????
Current ENL Service: 	4 Yrs, 07Mos, 03Days ?????
Total Service:  		13 Yrs, 08Mos, 18Days ?????
Previous Discharges: 	RA 920804-010918/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 68N20 Armament/Avionics/Electrical Tech   GT: 118   EDU: HS Grad   Overseas: Kuwait   Combat: None
Decorations/Awards: ARCOM, AAM x2, AGCM x3, NDSM, AFEM, NCOPDR, ASR, OSR, UNM

V.  Post-Discharge Activity
City, State:  Saginaw, MI
Post Service Accomplishments: The applicant has prior service accomplishments in the Regular Army.  He received numerous awards, served overseas, reached the rank of E5 and was discharged with an honorable characterization of service.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       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 21 April 2006, DA HQS, US Army Reserve Command, Ft McPherson, GA, Orders number 06-111-00017, discharged the applicant from the Army Reserve, effective 21 April 2006, with a general, under honorable conditions discharge. 

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve.  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 however; 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  21 April 2006, DA HQS, US Army Reserve Command, Ft McPherson, GA, Orders discharged the applicant from the Army Reserve, effective 21 April 2006, with a general, under 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.  
       Furthermore, the analyst noted the applicant's issue; however, the Army Discharge Review Board is not empowered to restore former service member's grade, rate or rank.  The Board may only change the characterization or reason for discharge.  If an applicant believes there is an error or injustice in his discharge, he then may make an application to the Army Board for Correction of Military Records, utilizing a DD Form 149, which can be obtained on line or from veteran’s assistance offices.  
       Further, concerning the applicant's issues of him not being afforded legal counsel, not being allowed to request consideration of his case by an administrative separation board and not provided the mandatory period of time to respond before the discharge the analyst determined that the applicant's record is void of facts and circumstances concerning the events that led to a discharge from the Reserve.  The available record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant. 
       Additionally, 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.  
       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: 22 January 2010         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 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 AR20090007126
______________________________________________________________________________


Page 1 of 3 pages