Applicant Name:  ?????

Application Receipt Date: 2009/05/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "The discharge was given for Unsatisfactory Participation.  I request the upgrade to Honorable Status, so that I may apply for a commission as an Officer.  During my time as a Staff Sergeant, I performed with or above my peers; as noted in my supporting documents.  I stopped participating in unit functions because the unit COC failed to advise me of submitting a "doctors note" for my commission to be completed.  I think this was done intentionally, as the unit historically had a history of these types of "action through inaction" in the past.  This is also noted in my supporting documents.  I was advised at the time of my counseling that I would receive a General Discharge.  I took me by surprise to see that I received an OTH.  Please see the supporting documents that I have submitted for a detailed explanation of events leading up to decisions made.  Please also see the statements from my previous and recent supervisors in support of my performance and character."

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: 081207   Chapter: NIF     AR: 135-178
Reason: Unsatisfactory Participation in the Ready Reserve	   RE:     SPD: NA   Unit/Location: 3-309th Regt Det 2, Liverpool, 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:  28
Current ENL Date: 040525    Current ENL Term: 3 Years  ?????
Current ENL Service: 	04 Yrs, 06Mos, 13Days ?????
Total Service:  		13 Yrs, 11Mos, 09Days the analyst utilized the applicant's enlistment contracts, DD Form 214s, and separation orders for computing the period of enlistment under review and the total service.
Previous Discharges: 	RA-941229-981211/HD
                                       USAR-981212-990303/HD
                                       RA-990304-020303/HD
                                       USARCG-020304-020731/NA
                                       AGR-020801-030320/HD
                                       AFANG-030321-040524/NA
                                           (Concurrent Service)
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 92Y30 Unit Supply Spec   GT: 103   EDU: HS Grad   Overseas: Korea/Bosnia   Combat: None
Decorations/Awards: ARCOM-3, AAM-2, AGCM-2, NDSM-2, AFEM, KDSM, AFRM-W/"M" DEV, NCOPDR, ASR, OSR, NATO MDL




V.  Post-Discharge Activity
City, State:  Liverpool, NY 
Post Service Accomplishments: The applicant claims he earned an Associate's Degree in Humanities and is working towards a Bachelor's Degree in Political Science.  He further claims to volunteer at the local fire department in his community; and contends he is a Veterans Representative for a non-profit organization.    

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army Reserve.  In a memorandum dated 24 June 2008, the unit commander indicated that the applicant intends to waive all rights and privileges during his administrative separation action.  
       
       The record indicates that on 18 December 2008, DA HQS, US Army Reserve Training Support Division (East), Birmingham, AL, Orders number 08-353-00008, discharged the applicant from  the Army Reserve, effective date:  7 December 2008, 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 of the Army Reserve.  Army policy states that the characterization of service will normally be under other than honorable conditions.  The regulation also permitted the characterization of service as general, under honorable conditions.  

       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 submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  All the facts and circumstances pertaining to the applicant’s discharge from the United States Army Reserve are not contained in the available records.
       
       On 18 December 2008, DA HQS, US Army Reserve Training Support Division (East), Birmingham, AL, Orders number 08-353-00008, discharged the applicant from the United States Army Reserve, effective date:  7 December 2008, 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. 
       
       The analyst noted the applicant's issues; however, 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 Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.

              In regards to the applicant's  issue that he would receive a characterization of service of general, under honorable conditions and was surprised to receive an under other than honorabe conditions discharge.  The
available service record does not support his contention and the applicant did not provide provide sufficient information to substantiate it.
              
              Further, the analyst found no evidence of arbitrary or capricious actions by the command.  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.  





       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 former Soldier 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: 24 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090008589
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