Applicant Name: ?????
Application Receipt Date: 2009/04/22 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, "I am requesting an upgrade so that I can apply for a law enforcement position within the state of Texas".
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: 050429 Chapter: NIF AR: 135-178
Reason: NIF RE: SPD: NA Unit/Location: Co M, 158th AVN REGT, Ft Hood, TX
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 20
Current ENL Date: 030521 Current ENL Term: ?? Years Mobilized for 365 days
Current ENL Service: 2 Yrs, 02Mos, 09Days ?????
Total Service: 2 Yrs, 06Mos, 00Days ?????
Previous Discharges: USAR 020426-050429/GD (Concurrent Service)
IADT 021029-030520/HD
Highest Grade: E3 Performance Ratings Available: Yes No
MOS: 67U10/CH-47 Helicopter Reparier GT: NIF EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: AAM
V. Post-Discharge Activity
City, State: Houston, TX
Post Service Accomplishments: None listed by the applicant.
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 his discharge from the Army Reserve. The record indicates that on 29 April 2005, DA HQ, US Army Reserve Command, Fort McPherson, GA, Orders number 05-119-00025, discharged the applicant from the Army Reserve, effective 29 April 2005, with a general, under honorable conditions discharge. The record contains a properly constituted Order which indicates that the applicant was discharged under the provisions of AR 135-178, with a characterization of service of general, under honorable conditions.
b. Legal Basis for Separation:
Army Regulation 135-178 governs 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; 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 applicants 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 29 April 2005, DA HQ, US Army Reserve Command, Fort McPherson, GA, Orders number 05-119-00025, discharged the applicant from the Army Reserve, effective 29 April 2005, with a general under honorable conditions discharge. All the facts and circumstances pertaining to the applicants 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, 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: 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 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 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 AR20090008261
______________________________________________________________________________
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