Applicant Name:  ?????

Application Receipt Date: 2009/05/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "While serving, I felt I have done a good job practicing leadership but with the pain in running and the fears of dying in war helplessly, I could not manage to go through it any longer. I'm pleading for a relief for my job searching and finishing school's sake. It is so hard for doors to open without an Honorable 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: 	NIF   Date: NIF
Discharge Received: 			   Date: 050215   Chapter: NIF    AR: NIF
Reason: NIF	   RE:     SPD: NIF   Unit/Location: 449th Maint Co, Fort Tilden, NY 

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:  20
Current ENL Date: 010116    Current ENL Term: 8 Years  ?????
Current ENL Service: 	03 Yrs, 05Mos, 15Days ?????
Total Service:  		04 Yrs, 01Mos, 00Days the analyst utilized the applicant's enlistment contract, and statement of military service for computing the period of enlistment under review and the total service.
Previous Discharges: 	ADT-010807-030222/HD
                                        (Concurrent Service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 35N10 Wire Systems Equipment Repairer   GT: NIF   EDU: HS Grad   Overseas: NIF   Combat: NIF
Decorations/Awards: NIF

V.  Post-Discharge Activity
City, State:  Philadelphia, PA 
Post Service Accomplishments: None Listed 

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 a discharge from the United States Army Reserve.  Further, the record does not include a separation order; however, the record does contain an AHRC Form 3553-1E, Statement of Military Service from the Chief, Veterans Support Branch, Personnel Support Division, Personnel Actions and Services Directorate, dated 11 June 2008.  The AHRC Form 3553-1E, shows the dates of active duty training service as (010807-020322), for which he received a characterization of service of honorable.  Additionally,  the AHRC Form 3553-1E, Statement of Military Service also shows that the applicant has a period of Reserve service from (010116-050215), and was issued a characterization of service of general, under honorable conditions, which is the period of service under review and the reason for discharge is unknown.
       b.  Legal Basis for Separation:  
       Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records during the period of enlistment under review, the issues and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the United States Army Reserve.  However, the record does contain an AHRC Form 3553-1E, Statement of Military Service, dated 11 June 2008.  The AHRC Form 3553-1E, shows the dates of active duty training service as (010807-020322), for which he received a characterization of service of honorable.  
       
       Further, the AHRC Form 3553-1E, Statement of Military Service also shows that the applicant has a period of Reserve service from (010116-050215), and was issued a characterization of service of general, under honorable conditions, which is the period of service under review and the reason for discharge is unknown.  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's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Further, eligibility for veteran's benefits, to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  
       
       Finally, the analyst determined that the applicant’s 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.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the applicant 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 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: 5 March 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090008217
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