Applicant Name: ?????
Application Receipt Date: 2009/05/07 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 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: 080114
Discharge Received: Date: 080906 Chapter: 13 AR: 135-178
Reason: Unsatisfactory Participation RE: SPD: NIF Unit/Location: HHC, 207th CSG, Fort Jackson, SC
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: 060819 Current ENL Term: NIF Years ?????
Current ENL Service: 02 Yrs, 00Mos, 17Days ?????
Total Service: 05 Yrs, 00Mos, 17Days ?????
Previous Discharges: RA 030819-060818/HD
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 63H10/Track Veh Mechanic GT: 116 EDU: GED Overseas: SWA Combat: Iraq (050117-060118)
Decorations/Awards: AAM, NDSM, ICM, GWOTSM, ASR, OSR
V. Post-Discharge Activity
City, State: Summerville, SC
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 14 January 2008, the unit commander notified the applicant by certified mail of initiation of separation action under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participation for accumulating 40 unexcused absences, with an under other than honorable conditions discharge. He was advised of his rights. The applicant waived legal counsel, unconditionally waived his right to an administrative separation board, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval with an under other than honorable conditions discharge. On 6 September 2008, Orders number 08-250-00010, HQ, 143d CS Command Sustainment Expeditionary, Orlando FL, discharged the applicant from the USAR with an under other than 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 the 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:
The evidence of record revealed that the applicant was discharged under the provisions of Chapter 13, Army Regulation 135-178, for unsatisfactory participation as a result of numerous unexcused absences from scheduled unit-training assemblies. The analyst also noted that the unit attempted to contact the applicant on several occasions, without success.
Furthermore, the analyst noted the applicants issue and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. The analyst found no evidence of arbitrary or capricious actions by the command. When the applicant did not show for the scheduled drills, the unit commander sent letters to him letting him know of his obligations to participate in the unit training assemblies and other scheduled annual training, the applicant failed to respond.
If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility, if appropriate.
Therefore, the analyst determined that the reason for discharge and the characterization of service remain both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 18 February 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 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 AR20090008376
______________________________________________________________________________
Page 1 of 3 pages
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