Applicant Name: ?????
Application Receipt Date: 2009/05/15 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: Applicant states: "I served my country during Operation Iraqi Freedom and after i was released from active duty I relocated to Maryland due to employment opportunities. I informed my unit of my relocation and was told to seek a unti in order to complete my drill obligations. I drilled with a unit on Ft. Meade and then was told that the unit was going to be mobilized. I contacted my unit and was told to standby and wait for further instructions. The instructions were never given. At the time there were not any units available for me to fulfill my obligation. I tried several times to contact my original unit and came up with negative results."
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: 050314 Chapter: NIF AR: 135-178
Reason: NIF RE: SPD: NIF Unit/Location: 2145 USAR GAR Spt Det 1 Bening, Jacksonville, FL
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: 19
Current ENL Date: 990112 Current ENL Term: 8 Years ?????
Current ENL Service: 6 Yrs, 02Mos, 03Days ?????
Total Service: 6 Yrs, 02Mos, 03Days ?????
Previous Discharges: NIF
Highest Grade: E5 Performance Ratings Available: Yes No
MOS: 31B20/Military Policeman GT: NIF EDU: HS Grad Overseas: NIF Combat: NIF
Decorations/Awards: NIF
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None listed by the applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The specific facts and circumstances concerning the events that led to his discharge from the Army Reserve are not in the available record. The record indicates that DA HQS, 81st Regional Readiness Command, Birmingham, AL, discharged the applicant from the Army Reserve, 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. 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. DA HQS, 81st Regional Readiness Command, Birmingham, AL discharged the applicant from the Army Reserve 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. 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: 25 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 AR20090008553
______________________________________________________________________________
Page 1 of 2 pages
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