Applicant Name: ?????
Application Receipt Date: 2009/04/02 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached 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: 070817 Chapter: NIF AR: 135-178
Reason: NIF RE: SPD: NIF Unit/Location: 90TH RRC (Area 51), North Little Rock, AR
Time Lost: NIF
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: 32
Current ENL Date: 060712 Current ENL Term: NIF Years ?????
Current ENL Service: 01 Yrs, 01Mos, 06Days ?????
Total Service: 07 Yrs, 04Mos, 27Days ?????
Previous Discharges: USAR-000321-000402/NA
RA-000403-031031/HD
ARNG-031101-041031/HD
USARCG-041101-060711/NA
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 63W10/Wheel Veh Repairer GT: 82 EDU: HS Grad Overseas: Southwest Asia Combat: None
Decorations/Awards: AAM, ASR, OSR
V. Post-Discharge Activity
City, State: Lawton, OK
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The applicants record is void of the specific facts and circumstances concerning the events that led to a discharge from the United States Army Reserve. However, on 20 August 2007, DA, HQ, 90th Regional Readiness Command, North Little Rock, AR, Orders 07-232-00045, discharged the applicant from the United States Army Reserve, effective date: 17 August 2007, with an under other than honorable conditions discharge.
b. Legal Basis for Separation:
Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel from the United States Army Reserve. Chapter 13 of AR 135-178 covers, in pertinent part, discharge and separation of enlisted personnel for misconduct due to unsatisfactory participation. 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 during the period of enlistment under review, the documents, and issues he submitted with the application, 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 a discharge from the United States Army Reserve. However, on 20 August 2007, DA, HQ, 90th Regional Readiness Command, North Little Rock, AR, Orders 07-232-00045, discharged the applicant from the United States Army Reserve, effective date: 17 August 2007, with an under other than honorable conditions discharge. This document identifies the characterization of the discharge and 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 noted the applicant issues; however, the analyst found no evidence of arbitrary or capricious actions by the command. Further, 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 Reserve. 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. In view of the foregoing, 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.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 20 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 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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090007518
______________________________________________________________________________
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